Regulating The Digital Memory: The Right To Be Forgotten In India’s Digital Journalism Era
- IJLLR Journal
- 6 days ago
- 2 min read
Mr. Somnath Ratan Lal Saha, BBA LLB, Navrachana University
Mr. Vidyamaan Singhal, Assistant Professor, Navrachana University
ABSTRACT
The digital connectivity has been growing rapidly in India, and it has totally changed the whole process of personal information creation, storage, access, and even remembering. Digital journalism, social media, and search engines are some of the new things going on, so people are more often than not finding their past actions, allegations, or personal details completely assigned to online public domain without any context, no consent, and no subsequent updates. This whole situation has been the foundation for very serious issues about privacy, dignity, reputation, and the right to rehabilitation which are all part of Article 21 of the Constitution of India. The whole scenario is such that, the Right to be Forgotten (RTBF) concept is a very important legal solution to the problem of irreversible digital memory, although it is still developing.
This paper makes a critical analysis on the development and the extent of the Right to be Forgotten in India, moving from its judicial recognition in the landmark case of Justice K.S. Puttaswamy v. Union of India to its partial enactment under the Digital Personal Data Protection Act, 2023. It looks at how digital reporting and real-time reporting, social media trials, and independent online news platforms have created more tension between the right to privacy and the freedom of speech and expression as protected under Article 19(1)(a). The paper furthermore points out the issues of technology and practices that make it difficult to enforce the RTBF, such as data persistence, virality, jurisdiction across the border and the limitations of complete erasure in the digital ecosystem.
Through the juxtaposition of the Indian situation and international norms, especially the European one, the article asserts that India's present-day regime is a very prudent yet partial move towards real data independence. It ends up offering realistic solutions like mechanisms for delisting, contextual updates to digital archives, minimization of traceability, and promotion of digital literacy, thus trying to locate the right balance between the individual’s dignity and the public's right to access information in the digital era.
Keywords: Right to be Forgotten, Digital Privacy, Digital Journalism, Digital Personal Data Protection Act 2023, Online Reputation, Data Erasure, Cyber Law.
