European Court of Human Rights (Grand Chamber) : Hurbain v. Belgium

On 4 July 2023 the Grand Chamber of the European Court of Human Rights (ECtHR) confirmed the conclusion of its Chamber judgment of 22 June 2021 in the case of Hurbain v. Belgium (IRIS 2021-8:1/27). The ECtHR found that a court order to anonymise an article in a newspaper’s electronic archive did not violate the publisher’s right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). The judgment holds an application of the “right to be forgotten” as part of the right of privacy under Article 8 ECHR, in particular in respect of online media archives (see al... Mehr ...

Verfasser: Voorhoof, Dirk
Dokumenttyp: misc
Erscheinungsdatum: 2023
Schlagwörter: Law and Political Science / Freedom of expression and information / right to be forgotton / online news archive / anonymisation
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-26992250
Datenquelle: BASE; Originalkatalog
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Link(s) : https://biblio.ugent.be/publication/01HHDFJ9TWCBGAEXHDZ5PEWEBS

On 4 July 2023 the Grand Chamber of the European Court of Human Rights (ECtHR) confirmed the conclusion of its Chamber judgment of 22 June 2021 in the case of Hurbain v. Belgium (IRIS 2021-8:1/27). The ECtHR found that a court order to anonymise an article in a newspaper’s electronic archive did not violate the publisher’s right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). The judgment holds an application of the “right to be forgotten” as part of the right of privacy under Article 8 ECHR, in particular in respect of online media archives (see also IRIS 2013-9/1 and IRIS 2018-8/1). In essence the judgment confirms that the right to be forgotten in certain circumstances can prevail over the integrity of online news archives and the right to freedom of expression and information. As this is the first time that the ECtHR upholds a measure of altering information published lawfully for journalistic purposes and archived on a website of a news outlet, IRIS publishes an extended summary of the Grand Chamber’s judgment.