Delhi High Court: Meta Gets De-Index Exemption From 'Right To Be Forgotten' Order

• The Delhi High Court clarified that its May 29 'right to be forgotten' ruling does not apply to Meta platforms like Facebook.
• A Division Bench issued this exemption following a plea by Meta Platforms Inc. in the case of Meta Platforms vs Mr X & Ors.
• The original May 29 order had directed search engines and legal databases, including Indian Kanoon, to de-index certain judicial records from name-based searches.
• Indian Kanoon was allowed to maintain access to records via case number, citation, court, and date, but not name-based searches.
• Indian Kanoon has appealed the May 29 ruling, and that appeal is still awaiting a decision.

This decision means that the instructions contained in a May 29 single-judge Bench order, which mandated the de-indexing of certain judicial records, do not extend to social media giants like Meta.

The Delhi High Court recently issued a significant clarification regarding the applicability of a previous 'right to be forgotten' directive, specifically exempting Meta platforms, including Facebook, from its scope. A Division Bench, comprising Justice C Hari Shankar and Justice Nivedita Anil Sharma, delivered this ruling while addressing a plea filed by Meta Platforms Inc. This decision means that the instructions contained in a May 29 single-judge Bench order, which mandated the de-indexing of certain judicial records, do not extend to social media giants like Meta.

The original May 29 ruling had directed various search engine operators, such as Google, along with legal database platforms, to remove specific judicial records from name-based search results. Meta had sought clarification on whether these directives applied to its own platforms, particularly concerning the de-indexing of judgments and the disabling of name-based searches for judicial records. The recent clarification by the Division Bench provides a clear answer, establishing a distinct boundary for the application of such 'right to be forgotten' mandates in India.

The clarification stems from a May 29 ruling by a single-judge Bench of the Delhi High Court in the case of Meta Platforms vs Mr X & Ors. This earlier judgment had broadly instructed "concerned respondents/ search engine operators/ legal data base platforms" to "de-index, and disable, across all platforms and domains, name-based search functionality in respect of the judgments/orders/news articles complained of in the petition." The directive was a notable application of the 'right to be forgotten' principle in India, aiming to limit the discoverability of certain personal information through search engines.

Specifically, the May 29 order had also targeted legal database Indian Kanoon, instructing it to restrict name-based searches for the identified judicial records. However, Indian Kanoon was permitted to continue providing access to these records through alternative search parameters, such as case numbers, citations, court details, and dates. This nuanced approach aimed to balance privacy concerns with the public's right to access legal information, albeit through non-name-based means.

The recent Delhi High Court Meta de-index exemption carries significant implications for how data privacy and the 'right to be forgotten' are applied across different digital platforms in India. While traditional search engines and legal databases may be compelled to de-index judicial records, social media platforms like Facebook are now explicitly excluded from such directives. This distinction highlights the evolving legal landscape surrounding online information control and personal data.

Lawyers advising clients on data privacy, reputation management, or the 'right to be forgotten' in India should note this clarification. It means that while other search engines or legal databases may be compelled to de-index judicial records, Meta platforms (like Facebook) are currently exempt, defining a specific boundary for data removal requests concerning social media. This development also occurs as Indian Kanoon has filed an appeal against the original May 29 ruling, which remains pending before a Division Bench of the Court, indicating ongoing legal scrutiny of these issues.

Lawyers advising clients on data privacy, reputation management, or the 'right to be forgotten' in India should note this clarification. It means that while other search engines or legal databases may be compelled to de-index judicial records, Meta platforms (like Facebook) are currently exempt, defining a specific boundary for data removal requests concerning social media.

Source: Original reporting via Bar and Bench