Delhi High Court Holds Right to Dignity Overrides Press Freedom in 'Right to be Forgotten' Case

The Delhi High Court, in its recent Judgment has affirmed that an individual's fundamental right to dignity and reputation, protected under Article 21 of the Constitution, can override the media's freedom of speech and expression.

In a judgment pronounced on December 18, 2025, Justice Chandrasekharan Sudha upheld a trial court's interim order restraining the continued circulation and indexing of news articles regarding a professional banker who had been exonerated in a high-profile money laundering case.

The Court emphasised that while the press enjoys constitutional protections under Article 19(1)(a), these rights are not absolute and must yield to the right to privacy and dignity when the continued dissemination of content causes "disproportionate harm" to a person who has been cleared of criminal charges.

The dispute arose following the 2023 arrest of a veteran international banker by the Enforcement Directorate (ED) in connection with alleged irregularities involving Moser Baer India Limited. Media outlets, including The Indian Express (IE Online Media Services), reported the arrest and associated the banker with the alleged crimes.

However, later, the trial Court discharged the banker, finding no prima facie case or admissible evidence linking him to the offense. Furthermore, the criminal complaint itself was dismissed in its entirety.

Despite this legal victory, the reports of the banker's arrest remained prominently accessible on dortal platforms and search engines. The banker approached a civil court, arguing that this perpetual digital presence created a false impression of guilt and caused irreparable harm to his 17-year unblemished professional career.

While dismissing the appeal filed by IE Online Media Services, the High Court observed that the "perpetual digital availability" of reports, even after their factual foundation (the criminal allegation) has ceased to exist, creates "enduring reputational harm and stigma".

The Court relied on several significant precedents, including KS Puttaswamy and Dejo Kappan v. Deccan Herald, to reaffirm that once an individual stands honourably acquitted or discharged, the "shadow of criminal accusation" should not follow them indefinitely.

Case Title: IE Online Media Services Pvt. Ltd. Vs. X & Ors.

Bench: Justice Chandrasekharan Sudha

Judgment Dated: 18.12.2025