Browsing by Author "Sampreeti Nath"

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    Using Intellectual Property Law, Intermediary Liability, and the Right to be Forgotten to Combat Image-Based Sexual Abuse: A Comparative Perspective Between India, the United States, and the United Kingdom.
    (NLUJAA, 2026) Sampreeti Nath
    This dissertation examines the efficacy of three distinct legal pillars, Intellectual Property Law, Intermediary Liability, and the Right to be Forgotten (RBTF), as tools for combating IBSA. By adopting a comparative perspective between India, the United States (US), and the United Kingdom (UK), the analysis seeks to identify the strengths and weaknesses of each approach and propose an integrated legal framework that better serves the needs of survivors in the digital age. In the US, the legal response is heavily influenced by a libertarian interpretation of the First Amendment of the Constitution10, which often prioritizes free expression over privacy claims. In contrast, the UK has moved toward a “Safety by Design” regulatory framework, imposing significant duties of care on service providers. India, meanwhile, is carving a unique path that incorporates some of the world’s most aggressive mandates for the rapid removal of Non-consensual Intimate Imagery (NCII).