Delhi HC to Hear Pleas on ‘Right to be Forgotten’ in Feb

The Delhi High Court has scheduled a hearing for February on a batch of petitions that seek the removal of online content based on claims of the right to privacy and the right to be forgotten.

A bench of Justice Navin Chawla granted additional time for the parties involved to complete their pleadings and allowed the Internet Freedom Forum to participate by submitting written arguments.

One of the petitioners’ counsels requested the court to direct the search engine Google to block search results related to certain allegations in a criminal case against him, particularly since a closure report was subsequently filed by the investigating agency. However, Google’s senior lawyer opposed such relief, stating that they cannot act as censors and should not be used to erase history.

The single bench acknowledged that information published by websites might have been accurate at the time but is now considered “incomplete” in light of the subsequent closure report. The government lawyer mentioned that updated intermediary rules offer grievance redressal and oversight mechanisms to address such issues.

The court decided to hear the cases and set the next hearing for February 12 and 13 at 2:30 pm.

The petitioners, including reality show celebrity Ashutosh Kaushik, are seeking the removal of various videos, photos, and articles related to them on online platforms, invoking the ‘right to privacy’ and the ‘right to be forgotten’. The content in question includes reports of Kaushik’s 2009 arrest for alleged drunken driving, which he claims is damaging to his reputation and dignity. Some petitions also relate to the removal of court orders from websites.