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7 Feb 2026·Source: The Indian Express
5 min
Polity & GovernanceSocial IssuesNEWS

Supreme Court to Examine 'Right to be Forgotten' in Online News

Supreme Court will examine the applicability of 'Right to be Forgotten' online.

The Supreme Court is set to examine the applicability of the 'Right to be Forgotten' to online news platforms. The case originates from a Karnataka High Court ruling that involved a dispute over matrimonial issues and the publication of related news articles. The High Court had directed online platforms to remove certain content, leading to the current appeal before the Supreme Court.

The 'Right to be Forgotten' allows individuals to request the removal of personal information from the internet under certain circumstances. The Supreme Court's decision will have significant implications for freedom of speech, data privacy, and the responsibilities of online news platforms.

Key Facts

1.

The Supreme Court is examining the applicability of the 'Right to be Forgotten' to online news platforms.

2.

The case originates from a Karnataka High Court ruling involving matrimonial issues.

3.

The High Court had directed online platforms to remove certain content.

4.

The 'Right to be Forgotten' allows individuals to request the removal of personal information from the internet.

UPSC Exam Angles

1.

GS Paper II: Polity and Governance - Fundamental Rights, Data Protection

2.

Connects to the syllabus through the concepts of fundamental rights, judicial review, and data privacy legislation.

3.

Potential question types: Statement-based MCQs, analytical questions on balancing rights

Visual Insights

Right to be Forgotten: Key Developments

Timeline of key events related to the Right to be Forgotten, highlighting the Supreme Court's current examination of its applicability to online news platforms.

The Right to be Forgotten has evolved from European jurisprudence to become a subject of debate and legal consideration in India.

  • 2014CJEU ruling in *Google Spain* case establishes the Right to be Forgotten in the EU.
  • 2018Implementation of GDPR in the EU, codifying the Right to be Forgotten.
  • 2023Indian government withdraws the Personal Data Protection Bill.
  • 2024Supreme Court of India examines the applicability of the Right to be Forgotten to online news platforms.
  • 2026Supreme Court continues to hear arguments on the Right to be Forgotten.
More Information

Background

The concept of the Right to be Forgotten (RTBF) is relatively new in the digital age, gaining prominence with the rise of the internet and the ease of information dissemination. It essentially allows individuals to request the removal of personal information from online platforms under certain circumstances. This right is not explicitly mentioned in the Indian Constitution but is often interpreted as an aspect of the right to privacy, which was declared a fundamental right under Article 21 by the Supreme Court in the landmark case of Justice K.S. Puttaswamy v. Union of India (2017). Historically, data protection laws have focused on preventing the misuse of personal data. However, the RTBF goes a step further by addressing the issue of data persistence. The European Union's General Data Protection Regulation (GDPR), implemented in 2018, was a major milestone in recognizing and codifying the RTBF. This regulation has influenced discussions and legal developments related to data privacy and the RTBF globally. The Indian context is evolving, with courts increasingly grappling with the balance between individual privacy rights and the public's right to information and freedom of expression guaranteed under Article 19(1)(a). Currently, India lacks a specific law that explicitly defines and regulates the RTBF. The Personal Data Protection Bill, which is still under consideration, aims to provide a framework for data protection, including provisions related to the RTBF. The Supreme Court's examination of the 'Right to be Forgotten' in the context of online news platforms is significant because it will provide crucial guidance on how this right should be interpreted and applied in India, especially considering the fundamental rights to privacy and freedom of speech. This will likely influence future legislation and judicial decisions on data protection and online content regulation.

Latest Developments

The Supreme Court's decision to examine the 'Right to be Forgotten' in the context of online news is a significant development, especially given the increasing reliance on digital platforms for news consumption. This examination is timely, considering the ongoing debates around data privacy and the potential for misuse of personal information online. The case originates from a Karnataka High Court ruling, highlighting the varying interpretations and applications of the RTBF across different judicial bodies. Several countries have already implemented laws or regulations related to the RTBF, providing different models for India to consider. The European Union's GDPR, for instance, grants individuals the right to request the erasure of their personal data under certain conditions. However, the implementation of the RTBF raises complex questions about balancing individual privacy rights with freedom of expression and the public's right to access information. Institutions like the Press Council of India may weigh in on the matter. Looking ahead, the Supreme Court's ruling is expected to provide clarity on the scope and limitations of the RTBF in India. This will likely influence the drafting and implementation of the Personal Data Protection Bill, which aims to establish a comprehensive framework for data protection in the country. The decision will also have implications for online news platforms, requiring them to develop policies and procedures for handling requests for the removal of personal information. The balance between privacy and freedom of speech will be a key consideration in shaping the future of online content regulation in India.

Frequently Asked Questions

1. What is the 'Right to be Forgotten' and why is it important in the context of online news?

The 'Right to be Forgotten' (RTBF) allows individuals to request the removal of personal information from the internet under certain circumstances. It is important because it balances an individual's right to privacy with freedom of speech and the public's right to information, especially in the digital age where information spreads rapidly and can have lasting consequences.

2. What are the key facts about the Supreme Court's examination of the 'Right to be Forgotten' for the UPSC Prelims exam?

For the UPSC Prelims, remember that the Supreme Court is examining the applicability of the 'Right to be Forgotten' to online news platforms. The case stems from a Karnataka High Court ruling related to matrimonial disputes and the removal of related news articles. The 'Right to be Forgotten' is not explicitly mentioned in the Indian Constitution but is being debated in the context of data privacy.

3. Why is the Supreme Court examining the 'Right to be Forgotten' in online news now?

The Supreme Court's examination is timely due to the increasing reliance on digital platforms for news and the ongoing debates about data privacy and potential misuse of personal information online. The case originates from a Karnataka High Court ruling, highlighting the practical implications and need for clarity on this right.

4. What is the background context of the 'Right to be Forgotten'?

The 'Right to be Forgotten' is a relatively new concept in the digital age, gaining prominence with the rise of the internet and the ease of information dissemination. It allows individuals to request the removal of personal information from online platforms under certain circumstances. This right is not explicitly mentioned in the Indian Constitution but is often interpreted through the right to privacy.

5. What are the potential implications of the Supreme Court's decision on online news platforms?

The Supreme Court's decision will have significant implications for freedom of speech, data privacy, and the responsibilities of online news platforms. It could lead to new regulations or guidelines for how online platforms handle personal information and requests for removal.

6. How does the 'Right to be Forgotten' relate to data privacy?

The 'Right to be Forgotten' is closely linked to data privacy as it empowers individuals to control their personal information online. It allows them to limit the availability and spread of their data, thus enhancing their privacy in the digital sphere. This right is often considered an extension of the right to privacy in the context of the internet.

7. What is the origin of the current case before the Supreme Court regarding the 'Right to be Forgotten'?

The case originates from a Karnataka High Court ruling that involved a dispute over matrimonial issues and the publication of related news articles. The High Court had directed online platforms to remove certain content, leading to the current appeal before the Supreme Court.

8. What are the potential pros and cons of implementing the 'Right to be Forgotten' in India?

Pros include enhanced individual privacy and control over personal data. Cons include potential limitations on freedom of speech and the press, as well as the possibility of misuse to suppress legitimate information. Balancing these competing interests is crucial.

9. What are the key areas to focus on while preparing for UPSC Mains regarding the 'Right to be Forgotten'?

For UPSC Mains, focus on the constitutional and legal aspects of data privacy, the balance between the right to privacy and freedom of speech, and the potential impact on online news platforms. Also, understand the international perspectives on the 'Right to be Forgotten'.

10. What reforms might be needed to effectively implement the 'Right to be Forgotten' in India, considering the current legal framework?

Reforms might include specific legislation addressing data privacy and the 'Right to be Forgotten', clear guidelines for online platforms on handling removal requests, and mechanisms for independent oversight and redressal. These reforms should balance individual rights with the public interest and freedom of expression.

Practice Questions (MCQs)

1. Consider the following statements regarding the 'Right to be Forgotten': 1. It is explicitly mentioned as a fundamental right in the Indian Constitution. 2. The Supreme Court has recognized the right to privacy as a fundamental right under Article 21. 3. The 'Right to be Forgotten' allows individuals to request the removal of personal information from online platforms under certain circumstances. Which of the statements given above is/are correct?

  • A.1 and 2 only
  • B.2 and 3 only
  • C.1 and 3 only
  • D.1, 2 and 3
Show Answer

Answer: B

Statement 1 is INCORRECT: The 'Right to be Forgotten' is NOT explicitly mentioned as a fundamental right in the Indian Constitution. It is interpreted as an aspect of the right to privacy. Statement 2 is CORRECT: The Supreme Court recognized the right to privacy as a fundamental right under Article 21 in Justice K.S. Puttaswamy v. Union of India (2017). Statement 3 is CORRECT: The 'Right to be Forgotten' allows individuals to request the removal of personal information from online platforms under certain circumstances.

2. Which of the following best describes the 'Right to be Forgotten'?

  • A.The right to access any information held by the government.
  • B.The right to demand compensation for defamation.
  • C.The right to have personal information removed from the internet under certain circumstances.
  • D.The right to remain anonymous online.
Show Answer

Answer: C

Option C is the best description of the 'Right to be Forgotten'. It allows individuals to request the removal of personal information from the internet under certain circumstances. Options A, B, and D describe other rights or concepts that are not directly related to the 'Right to be Forgotten'.

3. The Supreme Court is examining the applicability of the 'Right to be Forgotten' to online news platforms. This case originates from a ruling by which High Court?

  • A.Delhi High Court
  • B.Bombay High Court
  • C.Karnataka High Court
  • D.Madras High Court
Show Answer

Answer: C

The case originates from a Karnataka High Court ruling that involved a dispute over matrimonial issues and the publication of related news articles. The High Court had directed online platforms to remove certain content, leading to the current appeal before the Supreme Court.

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