Odisha High Court’s suggestion – citizens should get right to be forgotten, know what it isOn November 24, 2020 by admin
- Odisha High Court makes big deal on pornographic video or photo of woman on internet
- The court said that women should get the right to remove such materials from the Internet forever
- The court suggested making legal provisions for this and said that it can be considered a right of privacy
The increasing interference of technology in our everyday life is necessitating a multi-faceted change. In this sequence, the Odisha High Court also suggested a change. He said that such type of content put on the internet for vengeance or blackmailing should be provided with the right to be removed from this virtual platform (internet) forever (right to be forgotten). To put it simply, if an objectionable video or picture has been posted on the Internet, then the victim should have the right to demand that it be removed from there forever and removed.
‘Right to be forgotten’ can be included in article 21
Since there is no law in the country regarding this right, the High Court suggested that it can be made part of the ‘right to privacy’ found under Article 21 of the Constitution. It should be noted that many European countries have given Right to Be Forgotten to their citizens and the Odisha High Court is the first constitutional court in India that has given the right to grant this right to Indian citizens as well.
Justice SK Panigrahi said, “No man, especially a woman, would like to display the tainted aspects of his character … He should get the right to use Right to Forgotten if he is served with objectionable material against him.” He said that Right to Be Forgotten should be kept within the Right to Privacy which provides every citizen of India with the right to dignified life under constitutional Article 21. The Supreme Court has explained this in the K Puttaswamy case.
Concern over increasing trend of revenge porn
The Odisha High Court made this very important suggestion during the hearing of the bail plea of a man who had secretly recorded a consensual sexual relationship with his female friend. Justice Panigrahi refused to grant her bail, saying, “If Right to Be is not recognized in such cases, then any person will disrespect the woman and then misuse her in cyberspace.” Keep in mind that the trend of putting pictures or videos of personal moments spent with female friends on the Internet is constantly increasing. Such material is called ‘revenge porn’ (pornographic material served in retaliation) in the cyber world.
‘Right to be granted but also to be monitored’
India can learn from the experiences of Europe in this matter. The European Data Privacy Law, The GDPR, empowers citizens to remove content related to any institution, including Facebook, YouTube, by speaking or writing. On this request, the online platform will consider whether it is obliged to remove the content or not. However, strict supervision of such legislation will also be required. For example, on a petition filed against France’s data authority CNIL, Google said that unrestricted use of Right to Be Forgotten could violate citizens’ right to obtain information.
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