Right To Privacy Includes The Right To Be Forgotten, Says Delhi HC

FACTS

• The plaintiff actress was approached by Ram Gopal Verma studios for filming a web series and she was lured into filming a trailer with frontal nudity.
• She claimed that the web series was never completed and her videos were aired on YouTube by the producer.
• She requested the producer to take down the videos which was accepted but she claimed that many other websites had uploaded her videos without her consent and therefore she has sought restraint from publication and streaming of her naked videos on various websites.

SUBMISSION BY THE DEFENDANTS

• The defendants claimed that the video was shot voluntarily and they were under no obligation to prevent the further publication of the video.
• They also relied on a judgment of the Madras High Court where the HC refused to remove the name of a person from court records who was acquitted of all the charges stating that there is no law in India to support such action.

ORDER

• The court granted relief to the Bengali actress citing the right of privacy and right to be forgotten and stated that she is entitled to protection from invasion in her privacy.
• It relied on the recent judgment of another bench of Delhi High Court that observed that the right to privacy includes the right to be forgotten and the right to be left alone.

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