The Hindu talks to a man who is fighting a legal battle to erase the digital traces of his past.
The ‘right to be forgotten’ is a completely new concept in India and courts have so far given differing opinions on a case-by-case basis. The Personal Data Protection Bill, 2018, refers to it as the ability to limit, delete or correct personal information on the Internet that is misleading, embarrassing, irrelevant or chronological. The Delhi High Court is currently hearing two petitions related to this provision, and experts are watching closely for its impact on the law. Reality show celebrity Ashutosh Kaushik spoke to The Hindu on his plea to remove some online articles and videos related to his arrest in a 2009 drunk driving incident. Part:
What prompted you to approach the Delhi High Court?
The idea was born out of necessity. My family including my mother and sisters always used to ask me why these videos and stories are not being removed. My initial reaction was that news portals and websites are only showing what I have done. Also, I have been constantly bothered by these videos and stories as they keep popping up. Whenever my family or friends find these videos or articles, they send it to me and ask: “What have you done now?”. I have to ask them to check the date on videos and articles every now and then. The incident happened about a decade ago. Also, I am currently doing my LLB and I came to know about my right to be forgotten and my right to privacy. With this awareness, I approached my lawyer and decided to go to court.
Why do you want to remove these videos and articles?
My problem with the videos being online is that if I have faced punishment for these crimes, why am I still bearing the brunt of it. I had earlier requested news portals and channels to remove the stories as they have clearly reduced their earnings from this. But news channels and portals refused and have continued to run reports till now. I have suffered commercial loss due to these reports and videos. I have also stopped getting work in the entertainment industry. Why should I face ‘digital punishment’ when the court has sentenced me? My point is, if you want a record of the incident, keep it in the police file. Why put it online for everyone to see forever?
What happened in case of drunk driving?
A day after the incident, I went to the local court where I confessed my crime. The court sentenced me to one day’s imprisonment. Now that I have been punished, why am I being killed till now? The court should specify punitive and digital consequences.
We didn’t have a father when we grew up. I had to give up my education to help my sisters complete their studies. Today my sisters are established and I am now completing my education. I also want to do PhD.
You won MTV Hero Honda Roadies 5.0 in 2007 and the second season of Bigg Boss in 2008, but your public presence has waned in recent years. Why?
The price of freedom is known to those who have seen slavery (The value of freedom is known only to those who have experienced slavery). Had I struggled in Mumbai, I would have known to appreciate it. I was not diplomatic while talking to people in the industry. I was blunt I didn’t know how or what to talk to industry people in Mumbai. My point is, it’s good if you are getting things on time, or even late. But, you should not get anything ahead of your time, otherwise it will be wasted. It’s been 10 years since the incident happened. it’s a long time. People change. I was in my late 20s then. But, the media houses have kept the videos and articles alive.
Being a celebrity and a public figure, can you really ask the media to be selective in portraying you?
I am fighting for my rights. No news channel or media will ever report that I go to school and colleges to educate students against bad habits like drunk and driving. I currently run a YouTube channel in my own name and all proceeds from it go to charity. I distribute blankets to the poor. I requested the channels to remove the videos and articles about the incident as I am getting married. What will the people of the girl’s side say after seeing these videos? But my requests have fallen on deaf ears.
Once on the Internet, always on the Internet. Even if you manage to get a court order to remove links from news portals, how do you stop individuals from reposting videos and articles on social media sites?
My priority is to remove videos and articles from mainstream news channels and big media houses. As for any individual, I can only request them. There should be specific provisions in the law that a person found guilty of an offense will face physical as well as digital punishment.