The Right to be Forgotten and Judicial Activism

Author(s)	Ms. Kushagri Gaba
Country	India
Abstract	This study looks at how courts have influenced the creation, application, and enforcement of the "Right to be Forgotten" (RTBF) in three legal orders: the US, the EU, and India. Courts have done this through judicial activism or restraint. The study tracks institutional processes, significant court rulings, legislation frameworks, and doctrinal advances that impact the harmony between freedom of expression and privacy. It contends that the most robust and enforceable RTBF regime has been produced by the EU's data-protection framework and jurisprudence; India has an emerging, case-driven RTBF that has been greatly influenced by activist courts and piecemeal rulings; and the US opposes an RTBF analog due to First Amendment protections and decentralized regulatory structures.
Keywords	RTBF, Data Protection, Decentralized, Laws.
Published In	Volume 7, Issue 5, September-October 2025
Published On	2025-10-31
DOI	https://doi.org/10.36948/ijfmr.2025.v07i05.58622

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