Online search engine providers like Google cannot claim to be mere intermediaries with no control over their search results, observed a Kerala High Court bench on December 22, 2022, while disposing nine petitions concerning Right to be Forgotten (RTBF). Of the nine petitions, at least five raised concerns over personal information, contained in the judgments published by India Kanoon, appearing on Google search results. The petitioners have claimed that such online presence of their data infringes upon their right to privacy and their right to be forgotten. Justices A. Muhamed Mustaque and Shoba Annamma Eapen noted that ‘Google Search’ enables people to access information online, which can remain there forever unless erased and that the data (or judgments in this case) available on the internet for eternity is a “direct affront to the right to be forgotten”. Counsellors argued that the role of Google was that of an intermediary providing publicly available information and not a publisher under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Addressing the concern, the HC clarified that it was not looking at the responsibility of liability of Google for publishing judgments online in terms of the IT Rules. The Court also noted that in absence of a legislation, such concerns may be addressed on a case-to-case basis in which the court will have to acknowledge the litigants’ right and order removal of such online content as needed. The Court will order removal of such data from digital space after evaluating…
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Here’s what Kerala HC said about Google’s role in Right to be Forgotten cases
As a non-state actor impacting the cultural and political lives of citizens, Google cannot claim to be content blind, Kerala HC stated.
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