Using Court Orders To Erase a Shady Corporate Past

What happens when court orders, de-indexing requests and corporate name changes make it increasingly difficult for investors to find a company’s past? In this important analysis, Sucheta Dalal examines the growing use of John Doe injunctions, ex parte takedown orders and the “right to be forgotten” to remove or hide online reporting about corporate and financial controversies. The issue goes beyond freedom of the press. India’s capital markets are built on a disclosure-based regulatory framework, where investors are expected to make informed decisions based on information available to them. But what happens when that information becomes difficult—or impossible—to find? Sucheta Dalal explains how de-indexing, corporate name changes and broad injunctions can potentially obscure the history of companies and promoters, making investor due diligence harder. She also examines why a regulatory settlement is not the same as an acquittal or exoneration, and why accurate reporting based on court records and official regulatory disclosures can be crucial to investors. The right to privacy and the right to be forgotten have legitimate purposes. But can they be used to erase the public record of financial wrongdoing or regulatory action? And what role should SEBI, the courts and media organisations play in protecting the integrity of India’s financial information ecosystem? Hosted on Acast. See acast.com/privacy for more information.