HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Kuldeep Mathur, J
SHUBHRA GHOSH BAHETI – Appellant
Versus
UNION OF INDIA – Respondent
S.B. Civil Writ Petition No. 23571/2025
| Table of Content |
|---|
| 1. petitioner seeks removal of unauthorized personal content based on the right to privacy and the right to be forgotten. (Para 1 , 2) |
| 2. court declines to rule on maintainability against private parties due to precedent in similar cases. (Para 3) |
| 3. court directs the uploader and subsequently the intermediary to remove the objectionable content. (Para 4 , 5 , 6) |
Order
1. By way of filing the present civil writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-
“It is therefore most humbly prayed that the present petition for writ in the nature of mandamus may kindly be allowed.
[A.] By an appropriate writ, order or direction, the objectionable, defamatory, obscene, personal, outrageous contents about modesty of the petitioner, a married women uploaded on social media platform YouTube without her consent and authorization, may kindly be declared violative of Right to Privacy and Right to Be Forgotten guaranteed a fundamental right under Article 21 of the Constitution of India and recognised by the Hon'ble Supreme Court in the judgement rendered in case titled K.S. Puttaswamy v. Union of India citation being (2017) 10 SCC 1, AIR 2017 SC 4161.
[B.] By an appropriate writ, order or direction, the respondents may be directed alike order dated 25.07.2024 passed in S.B. Civil Writ Petition No. 5842/2024 and order dated 07.01.2025 passed in S.B. Civil Writ Petition No. 21892/2024, filed by the petitioner to take appropriate action for deletion/ removal of some more found the objectionable, defamatory, personal, outrageous video clips of the movies of the petitioner about her modesty uploaded on YouTube without her consent and permission. Therefore, following YouTube link mentioned below may kindly be deleted;https://youtu.be/Ge79MNtBVn0?si=wnnlvgfCAzw1EiZd (Annex.05).
[C.] By an appropriate writ, order or direction, the respondents may be directed to implement a "stay-down" technological safeguard (including digital fingerprinting/hash-based filters) preventing future uploads of the same or substantially similar unauthorized content depicting the petitioner.
[D.] By an appropriate writ, order or direction, the respondents may be directed furthermore to take appropriate action for deletion/ removal of the objectionable, defamatory, personal, outrageous video clips of the movies of the petitioner about her modesty uploaded on YouTube without her consent and permission if found any other/anymore video clips/ reels in the future covering in this Hon'ble Court order upon petitioner sending direct e-mail to respondent with the objectionable, defamatory, personal, outrageous video clips/ links of the movies of the petitioner about her modesty uploaded on YouTube without her consent and permission.
[E.] By an appropriate writ, order or direction, the respondents no.3 may be directed to comply with the Rule 3 (1)(B) (i), (ii), Rule 3(1)(d) as well as Rule 3 (2) (b) of the information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and to prevent recurrence of uploading objectionable, defamatory, personal, outrageous video clips/links related to petitioner.
[F]. By an appropriate writ, order or direction, the respondents no.3 may be directed to abide by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 particularly, Rule 3(1)(b)(i) under which the respondent has to inform its users as to what is legally permissible and what is not and further to publish the rules, privacy policy and user- agreement in a language the user can understand, so people know the boundaries before they post anything.
[G.] By an appropriate writ, order or direction, the respondents no.3 may be directed to abide by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 particularly, the Rule 3(1)(d) to undertake reasonable measures to stop block/off load the illegal content rel
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