Kerala High Court in Right to Reputation Case: Issues Notices to Google & The New Indian Express to Redact References of Man Acquitted in Cheating Case

Kerala High Court in Right to Reputation Case: Issues Notices to Google & The New Indian Express to Redact References of Man Acquitted in Cheating Case

The Kerala High Court in a plea moved by a person acquitted in a cheating case to remove references against his name as an ‘accused’ on internet platforms, has issued notices to the Central and State Government, Google and The New Indian Express.

The single judge Justice PV Kunhikrishnan sought the responses of the Central and State governments as well as search engine Google and newspaper The New Indian Express (TNIE).

The petitioner S Sakeer Hussain vehemently argued that such references amounted to violation of his right to privacy and right to reputation guaranteed under Article 21 of the Indian Constitution.

The petitioner contended that the right to reputation is an inseparable part of Article 21 and cannot be tarnished in the name of freedom of speech and expression. The right to free speech does not mean the right to offend, he added.

“Reputation of a person is neither metaphysical nor a property in terms of mundane assets but an integral part of his sublime frame and a dent in it is a rupture of a person's dignity, negates and infringes fundamental values of citizenry right," the plea read.

The petitioner further highlighted that a judgment of acquittal gives the accused a right of getting an automatic expungement of his name from all records and particularly from those in the public domain.

The petitioner asserted that, when a judge records an order of acquittal, the identity of a person as an accused is completely wiped out. He further flagged out that he was acquitted of all the charges he was earlier accused of in a cheating case.

However, despite the acquittal, his name continues to be reflected in the High Court judgment available online if anyone searches for his name on Google, he submitted.

He further submitted that while conducting such an online search, a news report published by TNIE of the petitioner’s arrest is shown.

“In the entire search result, the petitioner is identified as an accused even though he has been ultimately acquitted from all charges," he underlined.

The plea added that the TNIE report also contains his residential address along with a photograph and that the said report discloses the petitioner's personal information.

The petitioner informed the Court that he had also made attempts to approach the TNIE and the authorities concerned to redact his name and images from the internet.

However, they petitioner received no aid as the authorities had turned a ‘blind eye’ to the petitioner’s right to reputation and privacy, prompting him to approach the High Court for relief.

He also raised a grievance that his daughter’s marriage was affected because of this issue. He submitted that his daughter's marriage was fixed with a prestigious businessman but the groom withdrew from the alliance after finding online reports of the petitioner having been arrayed as an accused in a criminal case.

Due to the mass spread of the online news report of him having been accused in a case, despite his acquittal from the same, has affected his social status and reputation, the petitioner contended.

Therefore, the petitioner urged the High Court to direct the Union Ministry of Information and Broadcasting and the State government to redact his name from the public domain and to protect his right to reputation.

He further pleaded before the Court to direct TNIE to redact news and images concerning the petitioner from their online news portal.

Advocates Sandeep RN, B Muhammed Shaheel, Keeryhi Vijayan, and Rahul SR are representing the petitioner.