‘Courts should start specifying penal as well as digital consequences’

My drunk driving incident happened over a decade ago but I am still facing commercial damage of the drunk driving incident due to online articles and videos, rues reality show celebrity

‘Right to be forgotten’ is a fairly new concept in India and the courts have so far given varying opinions on a case-by-case basis. The Personal Data Protection Bill, 2018, refers to it as the ability of individuals to limit, delete, or correct disclosure of personal information on the Internet that is misleading, embarrassing, irrelevant, or anachronistic. The Delhi High Court is currently hearing two pleas that deal with this provision, and experts are watching closely for its implications on the law. Reality show celebrity Ashutosh Kaushik speaks to The Hindu on his petition to remove certain online articles and videos relating to his arrest in a drunk driving incident in 2009. Excerpts:

The idea was borne out of necessity. My family, including my mother and sisters, would always question me as to why these videos and stories are not being taken down. My initial response used to be that the news portals and the websites are merely showing what I have done. Beyond that, I have been persistently troubled by these videos and stories as they keep popping up. Whenever my family or friends get a hold of these videos or articles, they forward it to me and ask: “Now what have you done?”. I have to tell them each time to check the date on the videos and articles. The incident happened over a decade ago. Also, I am currently pursuing my LLB and I came to know about the Right to be Forgotten and my Right to Privacy. With this awareness, I contacted my lawyer and decided to move the court.

My issue with the videos being online is that If I have faced punishment for these offences, why am I still bearing the brunt of it.? I had earlier requested the news portals and channels to take down the stories since they obviously have made their earning off it. But the news channels and portals declined and have continued to run the reports till now. I have faced commercial damages due to these reports and videos. I have even stopped getting work in the entertainment industry. When the court has given me punishment, why should I continue to face ‘digital punishment’? My point is, if you want a record of the incident, keep it in a police file. Why put it up online for everyone to see in perpetuity?