Gajendra, 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 but 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.Gajendra 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? 10 marks - Civilsdaily

Gajendra, 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 but 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.Gajendra 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? 10 marks

Mentor’s comment- In the introduction briefly describe the case study. The body of the answer should discuss concerns of right … Continue reading Gajendra, 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 but 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.Gajendra 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? 10 marks