Mr X, once a struggling film actor, was accused and later exonerated of rape charges, which the jury found out to be motivated and fake. Not able to cope up with the situation, he changed profession and moved on. Thirty years later, while his closest friends know about the incident, his co-workers do not. One day, out of curiosity, he searches for his name on the internet, and to his surprise, finds that the third entry that comes up is an old report in a local newspaper about the rape charges he faced. Mr X is upset; after all these years, he would like to be able to disclose the event only to whomever he wants. He has heard about the decision of European Court of Justice which allows individuals to submit requests to a search engine to remove certain results from searches on their names, and citing the same, requests the search engine and media outlet to remove the results. Valid arguments can be advanced for making the Right to be Forgotten a fundamental right? What those arguments could be? What limitations, if any, can it be subjected to? Should there be any obligations on the search engines regarding cases, which are no longer relevant, as the one mentioned above? (15 Marks)

Mentors Comments: The answer should discuss concerns of right to be forgotten vis-à-vis right to freedom of expression and right to know.  The focus should be on the reasoning of arguments to justify the stand.  Clearly mention what restrictions and under what circumstances can such rights be breached. Answer: Fundamental rights are basic human freedoms, … Continue reading Mr X, once a struggling film actor, was accused and later exonerated of rape charges, which the jury found out to be motivated and fake. Not able to cope up with the situation, he changed profession and moved on. Thirty years later, while his closest friends know about the incident, his co-workers do not. One day, out of curiosity, he searches for his name on the internet, and to his surprise, finds that the third entry that comes up is an old report in a local newspaper about the rape charges he faced. Mr X is upset; after all these years, he would like to be able to disclose the event only to whomever he wants. He has heard about the decision of European Court of Justice which allows individuals to submit requests to a search engine to remove certain results from searches on their names, and citing the same, requests the search engine and media outlet to remove the results. Valid arguments can be advanced for making the Right to be Forgotten a fundamental right? What those arguments could be? What limitations, if any, can it be subjected to? Should there be any obligations on the search engines regarding cases, which are no longer relevant, as the one mentioned above? (15 Marks)