What Does the The Australian Law Reform Commission Have for Flustered Australians

In this age of camera-enabled smart phones and hardcore social media usage, nothing goes undetected and undocumented especially if it is something  controversial and defamatory at the expense of others. 

If you wake up the next day with your news feed on Facebook showing compromising photos of you from an event you attended the night before, The Australian Law Reform Commission is having the European Union consider its proposed "right to be forgotten” now “right to erasure" amendment. 

This “right to erasure” proposal urges organisations especially social media providers to delete compromising information on their platform at the request of the person who is the subject of that information. This right applies only to information uploaded with the person’s consent. They should have the right to withdraw their consent and have the necessary erasures done immediately upon their request.  

However, this may seem like a pretty ambitious solution since information such as photos and videos when deleted are naturally backed up and archived. To erase history is an exercise in futility, and this definitely applies in digital media. 

Is “right to erasure” truly the solution to compromising information uploaded to the web? If it comes with our consent, then there is the assumption that we have thought about it before sealing our fate on the web. However, what is most glaring in the proposal is that the “right to erasure” does not apply for information uploaded without the person’s consent. Should it be the other way around?

What are the lessons that we can pick up from this?

First, it is our responsibility to control the information we give about ourselves. This prevents the dilemma of erasing every single embarrassing photo uploaded on Facebook and hoping that it is too early for Google to index it all the way to eternity. 

Second, be careful in the photos and videos that you make about yourself and others. Just because it has been captured on your smart phone does not mean that it has to be shared with everyone in your network. If the intention is to stir unnecessary attention even after receiving the consent of the parties involved, be the bigger person in the situation.

And third, learn from other people’s experiences. While compromising photos and videos may seem trivial to others, the impact it has on the person involved can be psychologically damaging. For some unlucky ones, their embarrassing photo or video has made them the subject of cyberbullying. The internet can be a great place to spend time in, but the same cannot be assumed for everyone.

What is your personal take on this?