Order no. 17738 of 2024: The Right to be Forgotten and Defamation
The right to be forgotten is a topic of great importance in the current legal context, especially in light of the Italian Court of Cassation's Order no. 17738 of June 27, 2024. This ruling is part of a debate involving fundamental rights such as privacy and freedom of the press, offering an interesting reflection on the lawfulness of published news and its preservation in digital archives.
The Context of the Ruling
The Court of Cassation examined a case where the dissemination of defamatory news concerning the improper use of a service car by a politician had been ascertained. In this regard, the Court established that the interest in preserving news in the digital archives of newspapers can prevail over the right to be forgotten, but only if the original publication of the news was lawful.
The interest in preserving news in the digital archives of newspapers can prevail over an individual's right to be forgotten regarding news concerning them only if the initial publication was lawful. (In this specific case, the Supreme Court rejected the ground of appeal that challenged the appealed judgment which, after ascertaining the defamatory nature of the news published on an online newspaper, relating to the use of a politician's service car for personal purposes, had ordered its deletion from the digital archive).
Balancing Rights
This principle establishes a delicate balance between different rights and interests. On one hand, we have the right to privacy and the right to be forgotten, which protect an individual's dignity and reputation. On the other hand, there is freedom of expression and the right to report news, which are essential in a democratic society.
In particular, the factors to consider include:
- The lawfulness of the initial publication of the news.
- The defamatory nature of the disseminated information.
- The time elapsed since the publication.
- The context in which the news was disseminated.
Conclusions
Order no. 17738 of 2024 represents an important step in the evolution of the right to be forgotten in Italy. It clarifies that the mere existence of defamatory news is not sufficient to justify its obliteration from archives if the initial publication was legitimate. This balance is crucial for protecting freedom of the press and ensuring the right to privacy, essential elements of a balanced society that respects human rights.
