Court Recognizes 'Right to be Forgotten' and Mandates Social Media Platform to Act Swiftly Against Non-Consensual Content
In a significant judgment, the Rajasthan High Court, presided over by Justice Farjand Ali, has reinforced the fundamental right to privacy under Article 21 of the Indian Constitution by directing the removal of intimate content shared without consent on social media. The judgment, delivered on March 19, 2026, highlights the grave violation of privacy rights and upholds the 'Right to be Forgotten' as a critical component of informational privacy.
The case was brought to the court by Mohan Ram, the petitioner, who sought the court's intervention following the malicious circulation of private images of his son on a social media platform. Despite lodging a complaint with the police, the content remained accessible, prompting the petitioner to seek judicial redress.
Justice Ali emphasized that unauthorized dissemination of intimate images constitutes a profound invasion of privacy, dignity, and autonomy. The court cited the landmark Supreme Court judgment in Justice K.S. Puttaswamy (Retd.) v. Union of India, which affirms privacy as an intrinsic part of Article 21. The judgment noted that such acts cause irreparable harm to an individual's dignity and mental well-being.
The court underscored the obligations of social media intermediaries under the Information Technology Act, 2000, and the IT Rules, 2021. It clarified that intermediaries must act promptly upon acquiring knowledge of unlawful content to maintain their 'safe harbour' protections under Section 79 of the IT Act. The court directed Meta Platforms, the parent company of Instagram, to permanently remove the offending content and deactivate the account responsible for the dissemination.
Additionally, the judgment acknowledged the psychological, social, and professional consequences of non-consensual dissemination of private content. The court recognized the enduring digital scars left by such acts and the urgent need for legal measures to protect individuals from ongoing harm.
In conclusion, the Rajasthan High Court's directives aim to uphold the dignity and privacy of individuals while ensuring the integrity of digital evidence for investigation. The judgment serves as a reminder of the judiciary's role in addressing the challenges posed by digital privacy violations in today's interconnected world.
Bottom Line:
Right to privacy, recognized as a fundamental right under Article 21 of the Constitution of India, includes the right to be let alone, informational self-determination, and decisional autonomy. Dissemination of private and obscene content without consent constitutes a profound invasion of privacy and dignity. Intermediaries, under the IT Act and IT Rules, 2021, are obligated to act promptly to remove such content and may lose safe harbour protection for inaction.
Statutory provision(s): Article 21 of the Constitution of India, Article 226 of the Constitution of India, Section 79 of the Information Technology Act, 2000, IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Mohan Ram v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2878739
