How the “Right to be Forgotten” Challenges Journalistic Principles

Abstract

The “right to be forgotten” recognizes that people may have some degree of control over information about their pasts. Under this recently enshrined principle of European human-rights law, the rights of the subject must be balanced against both the public interest in the relevant information and the economic freedom of companies making the data available. The European Court’s landmark 2014 decision required only search-engine companies, rather than news organizations, to remove designated personal information from public view, but, meanwhile, news organizations have gradually become increasingly willing to grant requests for the unpublishing of damaging reports. The principles of free expression, historical integrity and accountability favor continuity of publication, while opposing values include harm reduction, privacy and redemption. To reconcile conflicting principles, it may help to distinguish between truthfulness and relevance, and between the mere availability of information and ease of searchability. But emerging ethical implications of news’ durability include a recognition that news producers and news subjects share autonomy over expression choices, and that news sources deserve to exercise a reasonable degree of informed consent regarding their collaboration in journalists’ work.