Delhi High Court: Acquitted Person’s Right to Dignity Can Override Freedom of Press
Court upholds trial court order to de-index articles on banker’s arrest in money laundering case.
Justice Chandrasekharan Sudha stresses that reputation and dignity under Article 21 outweigh press freedom in certain cases.
By Our Legal Reporter
New Delhi: December 19, 2025:
In a landmark ruling, the Delhi High Court has held that the right to dignity and reputation of an acquitted person can trump the freedom of the press. The judgment came in response to an appeal filed by IE Online Media Services Pvt. Ltd., which operates indianexpress.com, challenging a trial court’s order to de-index articles about a banker’s arrest in a money laundering case.
The banker had been discharged from the case, but the continued online availability of news reports was causing reputational harm. The High Court upheld the trial court’s decision, emphasizing that constitutional rights must be balanced, and in cases of acquittal, dignity and reputation deserve stronger protection.
Background of the Case
The dispute arose when the banker, arrested in connection with an Enforcement Directorate (ED) investigation, was later discharged. Despite acquittal, several news articles about his arrest remained accessible online.
- The banker approached the trial court, seeking removal or de-indexing of these articles.
- The trial court granted relief, restraining circulation of the reports.
- The Indian Express challenged this order before the Delhi High Court, citing freedom of the press under Article 19(1)(a).
Justice Chandrasekharan Sudha, however, upheld the trial court’s ruling, stressing that Article 21’s guarantee of dignity and reputation outweighs press freedom when continued dissemination causes disproportionate harm.
Court’s Observations
The High Court made several key observations:
- Freedom of press is not absolute: While Article 19(1)(a) protects free speech, it is subject to reasonable restrictions.
- Right to dignity under Article 21: An acquitted person has the right to live free from stigma and reputational damage.
- Enduring harm: Continued online circulation of arrest-related articles, despite acquittal, causes disproportionate harm.
- Balance of rights: Courts must balance press freedom with individual dignity, especially in cases of acquittal.
Justice Sudha noted that media reports serve public interest at the time of arrest, but once a person is acquitted, continued circulation becomes unfair and harmful.
Legal Significance
This ruling is significant for both media houses and individuals:
- Strengthens “Right to be Forgotten”: The judgment aligns with global trends recognizing individuals’ right to erase harmful digital footprints after acquittal.
- Sets precedent: Courts may order de-indexing or removal of articles that cause reputational harm post-acquittal.
- Guides media practices: News organizations must update or contextualize reports after acquittals to avoid disproportionate harm.
- Protects individuals: Ensures acquitted persons can rebuild their lives without stigma.
Global Context
The ruling resonates with international developments:
- European Union (GDPR): Recognizes the “Right to be Forgotten,” allowing individuals to request removal of harmful online content.
- United States: Courts balance free speech with defamation laws, though the First Amendment offers stronger press protection.
- United Kingdom: Courts have ordered removal of outdated articles causing reputational harm.
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India’s judiciary is increasingly recognizing similar rights, balancing digital freedom with human dignity.
Expert Opinions
Legal experts have welcomed the ruling:
- Advocates in Delhi said the judgment strengthens privacy and dignity rights in the digital age.
- Media law specialists noted that while press freedom is vital, it must not perpetuate harm after acquittal.
- Academics highlighted that the ruling reflects evolving jurisprudence on the “Right to be Forgotten.”
Broader Implications
The case highlights the tension between public interest journalism and individual rights. While media plays a crucial role in reporting arrests and investigations, failure to update or contextualize reports after acquittal can cause lasting harm.
This ruling may encourage:
- Responsible journalism: Updating reports to reflect acquittals.
- Legal reforms: Strengthening India’s recognition of the “Right to be Forgotten.”
- Digital accountability: Search engines and media houses may face more requests for de-indexing.
Conclusion
The Delhi High Court’s ruling is a landmark in balancing press freedom with individual dignity. By upholding the trial court’s order to de-index articles on a banker’s arrest, the Court reinforced that acquitted persons deserve protection from lasting reputational harm.
This judgment is expected to influence future cases involving digital content, privacy, and press freedom. For India’s judiciary, it marks a step toward recognizing the Right to be Forgotten, ensuring that acquitted individuals can move forward without the shadow of past allegations.
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