The Right To Be Forgotten Vs Celebrity Culture: A Constitutional Analysis In The Age Of Social Media
- IJLLR Journal
- 2 hours ago
- 1 min read
Khushi, Amity Law School
INTRODUCTION
The rapid digitisation of society has fundamentally altered the relationship between individuals, information, and memory. In the contemporary age of social media, where information is not only created but permanently archived, the law faces an unprecedented challenge: how to reconcile the individual’s right to control personal information with the public’s insatiable appetite for visibility, especially in the context of celebrity culture. The emergence of the Right to be Forgotten (RTBF) reflects this evolving tension between privacy and publicity, autonomy and accountability, and erasure and remembrance.
At its core, the Right to be Forgotten is a claim to informational self-determination—the ability of an individual to demand the deletion or delinking of personal data that is no longer relevant, necessary, or lawful. This right becomes particularly significant in a digital ecosystem where past actions, statements, or controversies remain searchable indefinitely, often divorced from their original context. While such permanence may serve public interest in certain situations, it can equally result in reputational harm, psychological distress, and perpetual social judgment.
The constitutional foundation of this right in India can be traced to the landmark judgment of Justice K.S. Puttaswamy v. Union of India, wherein a nine-judge bench of the Supreme Court unequivocally recognised the Right to Privacy as a fundamental right under Article 21 of the Constitution. The Court held that privacy is intrinsic to life and personal liberty, encompassing informational autonomy and the right of individuals to control the dissemination of personal data. Importantly, the judgment also acknowledged that privacy is not an absolute right and must be balanced against competing interests such as freedom of expression and legitimate state concerns.
