Free Expression Should Generally Outweigh Right To Be Forgotten
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the European Court of Human Rights in Biancardi v. Italy. The case involves the “right to be forgotten,” which gives users the ability to request that search engines de-list or de-index search results on the basis of a person’s name. The brief addresses the balance that must be struck between the right to freedom of expression guaranteed by Article 10 of the European Convention on Human Rights and the right to be forgotten, especially as applied to the original publisher. Because of the broad societal importance of protecting free expression, the brief argues that the balance between Article 10 and the personal privacy rights sought to be protected by the right to be forgotten under Article 8 should generally be resolved in favor of freedom of expression.