A controversy between the right to be forgotten and the freedom of the press
Abstract
The “right to be forgotten” has created an interesting academic debate, as well as a number of judicial and regulatory decisions. Part of the discussion has taken part on how the right can be correctly defined, and the derogations or limitations needed in order to protect other fundamental rights. This paper analyzes the conflict between the right to be forgotten and the freedom of the press, understanding the latter in a broad sense. The work proposes a concept limited to the expectation to forget and be forgotten, articulated in the rights of rectification, erasure and blocking. Nonetheless, as far as the journalistic content is concerned, these possibilities are restricted in order to give protection to the freedom of speech. The right to be forgotten is analyzed in relation to the journalistic content, with the digital media libraries, and Internet search engines.
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