In an age where our digital footprints stretch infinitely across the internet, where nudes and pornographic materials saturate like droplets of rain in a tropical forest, the idea of a “right to be forgotten” offers a tantalizing promise to curb down this monster hiding in storages and galleries of various phones. We stand at a glance seeking the ability to scrub away past mistakes, outdated information, or private details that no longer serve us. But particularly many victims have been in a search of a necessary tool for Digital Eraser of their online nudity.
We are in the 21st century where fame is attributed to success and most female youth won’t stop at anything but to make a fame breakthrough through nudes, we live in a generation where decency is no longer a factor acknowledging responsibility, photos that confuse us to identify a lunatic and sane man( all pose happily naked): here comes a right to save many from body shame; The Right to be forgotten.
What is the “Right to be Forgotten”?
At its core, the Right to be Forgotten (RTBF), also known as the Right to Erasure, empowers individuals to request the removal of certain personal data from search engine results and, in some cases, directly from websites. It’s not about physically deleting every trace of information from the internet, a near-impossible feat. Instead, it primarily focuses on delisting links from search engine results that are “inadequate, irrelevant, no longer relevant, or excessive” in relation to the purposes for which they were processed.
The right to be forgotten is essentially a right to have personal information about a person removed from online searches and directories under specific circumstances.The intent is clear: to give individuals more control over their personal information and reputation in the digital realm, acknowledging that what was once publicly available might no longer be relevant or fair to be easily discoverable years later.
In our interconnected world, where every click, post, and mention contributes to an ever-expanding digital ledger, the idea of “digital amnesia” – the ability to fade from online memory – seems almost utopian. Yet, the concept of a “Right to be forgotten” has firmly arrived in Uganda, promising individuals a degree of control over their past digital nudes narratives. But how does this nascent right manifest within Uganda’s legal landscape? , and what challenges does it face?
Do our cyber laws such as the DPPA address this right? The answer will yes. Article 27(2) of Uganda’s 1995 Constitution guarantees the right to privacy. Under the Data Protection and Privacy Act cap 97, particularly Section 10 of the DPPA rightly hinders a data controller to collect or hold or process personal data in a manner which infringes on the privacy of a data subject. Section 28, it provides for rectification, blocking, erasure and destruction of personal data. Section 28(2) includes an aspect of obtainment from either the data controller, subject or third person. Furthermore, it places an obligation on data controllers to “destroy or delete data that the data subject no longer has the right to retain.
It provides under subsection 1 that where the authority is satisfied on a complaint of a data subject that personal data is inaccurate: it may order the data controller to rectify, update, block, erase or destroy the data.
The Right to be Forgotten gained significant global prominence following a landmark ruling by the European Court of Justice (ECJ) in May 2014, in the case of Google Spain SL, Google Inc. v. Agencia Española de Protección de Datos (AEPD), Mario Costeja González(C-131/12) .
Mario Costeja González, a Spanish national, sought to have an outdated newspaper article from 1998 — detailing a real-estate auction to recover his social security debts — removed from Google’s search results. He argued that the information was no longer relevant and was harming his reputation. The ECJ sided with Costeja, ruling that Google, as a data controller, was obliged to remove links to data that was “inadequate, irrelevant or no longer relevant, or excessive.” This decision fundamentally shifted the balance of power, placing a significant responsibility on search engine operators to evaluate and act on such requests.
This ruling paved the way for the inclusion of the “right to erasure” in the European Union’s General Data Protection Regulation (GDPR), which came into effect in 2018, solidifying the RTBF as a key component of data protection law within the EU.
Online nudity has gained a lot of ecstasy with even police officers not knowing whom to arrest and how to erase such information. In a news article by BBC on 19th March 2019 titled ‘I was arrested and shamed for leaked nudes‘: Ugandan model Judith Heard. BBC wrote that When nude photos of leading Ugandan model Judith Heard were published without her consent last year, she not only found herself under arrest, but also under attack in the media and online. She is now urging Ugandan women to talk openly about sexual abuse – and to show solidarity with one another.( https://www.bbc.com/news/av/world-africa-47612896 )
The right to be forgotten unwraps a variety of cyber crimes such as Cyber hacking, take an example of the CNN Article on 11 Nov 2018 where it wrote — when model and socialite Judith Heard was asked to pay $3,000 in blackmail money to stop her stolen nude selfies being published online, she said her heart skipped…. Her phone had been hacked. There is bigger gap of technological advancement in Uganda to track cyber hackers and bring them before the arm of the law.
Right to be Forgotten in erasing nudity is quite important and those that haven’t considered it should do so, We are In an era where information persists indefinitely, past mistakes or sensitive personal details can haunt individuals for life, impacting employment, relationships, and mental well-being. The RTBF offers a mechanism for individuals to regain control over their digital narrative.
The right to be forgotten under the erasure of nudity can save jobs and trauma of past mistakes, but also continuing to engage on media handles. An article on internet on April 12, 2016 titled “Digital harassment threatens women in media professions”by Akademie ( https://akademie.dw.com/en/kenya-and-uganda-digital-harassment-threatens-women-in-media-professions/a-19100140 )wrote that “In December 2015, nude photos of the Ugandan TV presenter Kleith Kyatuhaire were leaked and made the rounds on social media. What was particularly shocking wasn’t just the fact that the photos had found their way onto the Internet, but also how people reacted. Online, Kyatuhaire was the subject of a deluge of abusive comments. For quite a time afterwards, Kyatuhaire withdrew from public life and from her social media profiles. Her case is not unique. In 2015 her colleague Antia Fabiola was fired by the TV station because nude photos of her had also been leaked”.
A question posed, How many talented women in the media profession are we going to lose in ignorance of exploiting a right to be forgotten ?
This right Facilitates Rehabilitation, take an example for individuals who intentionally release their nudes for fame and have served their penalties or overcome significant personal struggles for fame, the Right to be Forgotten provides a chance for a fresh start, preventing outdated information from permanently hindering their ability to reintegrate into society.
Be that as it may, there is a challenge that the internet is borderless, and most people here in Uganda attribute the Right to be forgotten to be a European construct following the Google Spain case . This leads to questions about its global applicability. Should a link delisted in Uganda also be invisible to users in the Europe, Asia or somewhere in Africa?
The Right to be Forgotten is a relatively young concept in the vast history of law in Uganda, evolving rapidly alongside digital technology. Various online platforms have provided forms for complainants to fill in order to exercise this right to be forgotten. Others argue that it is against the right to access information as stipulated in Article 41 of the 1995 Constitution of Uganda.
As Uganda continues its digital transformation, the Right to be Forgotten stands as a crucial safeguard, offering individuals the power to influence their online legacy and ensuring that the internet, while a powerful tool for information, does not become an inescapable prison of their past. One thing is certain: the conversation about what truly belongs in our digital past, and what infringes privacy such as nudes should be allowed to fade.
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