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Supreme Court Expands Right to be Forgotten: Addressing AI Hallucinations under Article 21

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The Supreme Court has ruled that Article 21 protects citizens against AI-generated misinformation, directing MeitY to create a de-indexing mechanism for false personal data. This landmark decision expands the 'Right to be Forgotten' to the realm of Large Language Models.

In a significant judicial intervention, the Supreme Court of India has expanded the scope of the 'Right to be Forgotten' to include protection against 'AI hallucinations'—instances where Large Language Models (LLMs) generate false or misleading information about individuals. The Court held that Article 21, which guarantees the Right to Life and Personal Liberty, encompasses protection against 'digital misinformation' that can irreparably harm a person's reputation and dignity. AI hallucinations occur when generative AI systems, despite their sophisticated training, produce outputs that are factually incorrect but appear stylistically confident. As these systems are increasingly used for background checks, research, and information retrieval, the risk of 'algorithmic defamation' has grown. The Supreme Court noted that while technology is a tool for progress, it cannot be allowed to violate the fundamental right to a truthful digital identity.

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