Right to be Forgotten: What about Net Neutrality then?

Hit Brother

8 years ago

Net Neutrality was hot talk in the year 2016 around. Net Neutrality means is that the Internet is the free form of data and information where anything can be written and published unless there is an objection.

What if there is an objection? It is necessary on should present that information on the Internet that helps the people about various facts in case if it is not then one can object or request the person to remove it from the specific site or blog? What about the search engines?

When we searched any information we got multiple results on the same keywords that shows that the information might be published on multiple website.

In the recent news, there is the article published in Times of India about an NRI who wanted to remove his name from Google Search.

In his petition, filed through advocates Rohit Madan and Zoheb Hussain, the NRI has claimed the online availability of the criminal case, despite it being settled amicably, affects his right to privacy and reputation apart from affecting his employment opportunities.

His petition has raised the question “whether data controllers or intermediaries such as Google, are required to delete information that is inadequate, irrelevant or no longer relevant if they receive a request for removal of such data”.

Claiming that the plea was not maintainable against it or its Indian entity, Google has said, “If a content is adjudicated to be defamatory or its goes beyond the principles of law of privacy, same can be directed to be removed pursuant to being adjudicated by the court.

“However, there is no reason or justification for creation of a separate statute or legal framework under right to be forgotten.”

Google has also said that the petitioner should have approached the trial court, which had passed the order, to seek confidentiality and non-reporting of the order.

The company has contended that the petition is not only “misconceived” but also “legally untenable”.

The court, meanwhile, asked the Centre to state its stand on whether such information can be de-linked from the Internet and listed the matter for further hearing on April 24.

What should be now Centre come up with? If the information will be delinked in this way which we believe might be the requirements then what must be the policy need to be prepared to control delinking of anyone data over the Internet and save the Net Neutrality.

Similarly, there are the domestic violence victims, rape victims and many other cases of fraud etc can be searched easily on the search engine like Google. What to say about Vijay Mallya? One day he will go to the court and asked to delink his name in the search and news website to have him to live freely.

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The cases like where name of the victims can consequences unwanted circumstances then one should think about “Right to be Forgotten”.

In the article of Live Law website wherein the Bengaluru, father of a daughter went to the court to remove his daughter name from the Court e-data so that her name cannot be searched.

The Karnataka High Court speaking through Justice Anand Bypareddy, while passing an order in a writ petition, directed its Registry to make sure that an internet search made in the public domain would not reflect the woman’s name in a previous criminal order passed by the same High Court. The High Court conclusively observed, “This is in line with the trend in Western countries of ‘right to be forgotten’ in sensitive cases involving women in general and highly sensitive cases involving rape or affecting the modesty and reputation of the person concerned.”

After hearing the plea, the High Court ordered, “It should be the endeavour of the Registry to ensure that any internet search made in the public domain ought not to reflect the petitioner’s daughter’s name in the cause-title of the order or in the body of the order in the criminal petition.” The court, however, made it clear that as far as a certified copy of the order is applied for, the name of the petitioner’s daughter would certainly be reflected in the copy of the order.

Now there is one more petition where one citizen reached to the Ministry of Electronics and Information Technology, Government of India to asked the founders of indiankanoon.org to take down the hosting website. Then what to say on Net Neutrality. This is coming out to be a big question in next decade where information is really traveling very fast on mobile and intelligent gadgets make human life easier but one may not hide themselves if the life is on the gadgets.

Social Network one use to humiliate , questioning and say anything to their political leaders, share about the conditions of the country, how well one human treat to other, a police hit a man and many more information and video shared on the Internet.

So can these politician,police, government of any country cannot use this “Right to be Forgotten”.

What is Right to be Forgotten?

Right to be Forgotten is simply the right to erase one information over the Internet. The origin of this right was from French Jurisprudence on the ‘right to oblivion’. In this offenders may object to the publication of information regarding their crime and conviction in order to ease their process of social integration. It was along these lines that the European Union Data Protection Directive, 1995 acknowledged the right to be forgotten, wherein it was stipulated that member states should give people a right to obtain from the controller the rectification, erasure or blocking of data relating to them, the processing of which did not comply with the provisions of the Directive.

We don’t believe Right to be Forgotten and Net Neutrality can exist together. Rest is the opinion of the people of the world and one cannot hold their rights to give opinion.