Order No. 17738 of 2024: The Right to be Forgotten and Defamation

The right to be forgotten is a topic of great relevance in the current legal context, especially in light of Order No. 17738 of June 27, 2024, from the Court of Cassation. This ruling is part of a debate involving fundamental rights such as privacy and freedom of the press, raising interesting reflections on the lawfulness of published news and their preservation in digital archives.

The Context of the Ruling

The Court of Cassation examined a case in which the dissemination of defamatory news regarding the improper use of a service car by a politician had been established. In this sense, the Court ruled that the interest in preserving news in electronic archives 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 electronic archives of newspapers can prevail over a person's right to be forgotten concerning news about them only in the case of the lawfulness of the initial publication. (In this case, the Supreme Court rejected the appeal that criticized the contested ruling, which, after establishing the defamatory nature of the news published on an online outlet regarding the personal use of a politician's service car, ordered its removal from the electronic archive).

The Balancing of Rights

This principle establishes a delicate balance between different rights and interests. On one side, we have the right to privacy and the right to be forgotten, which protect a person's dignity and reputation. On the other side, stands freedom of expression and the right to report, 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 period elapsed since publication.
  • The context in which the news was disseminated.

Conclusions

Order No. 17738 of 2024 represents an important milestone 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 removal from archives if the initial publication was legitimate. This balance is crucial to protect freedom of the press and ensure the right to privacy, essential elements of a balanced society that respects human rights.

Bianucci Law Firm