November 29
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Dolores Utrilla
25th November 2021
Data, Tech & IP Human Rights

Right to be forgotten justifies de-indexation obligations of journalists, ECtHR rules

The European Court of Human Rights (ECtHR) has given its judgment in Biancardi v. Italy (application no. 77419/16), ruling for the first time ever that the obligation to de-index information published online as part of the ‘right to be forgotten’ can be extended to journalists without breaching their freedom of expression under Article 10 ECHR.

The applicant, an editor-in-chief of an online newspaper, was found liable in civil proceedings for having kept on his newspaper’s website an article reporting on a fight, involving a stabbing, in a restaurant in 2008. The domestic courts ruled that the failure by the applicant to de-index the tags to the article, meaning that anyone could type into a search engine the name of the restauran


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