HURBAIN v. BELGIUM JUDGMENT original version should be equated with a rewriting of history contrary to freedom of expression and incompatible with archiving principles. 156. Lastly, the Government argued that the anonymisation of the online article was not apt to have a chilling effect on the behaviour of news outlets, which were required to take such measures only where a request to that effect was made by a data subject, in the light of the circumstances of each individual case and after balancing the rights at stake, with there being no absolute right to be forgotten. Moreover, purely economic considerations alone could not alter that balance. 157. In conclusion, the Government observed that the Belgian courts had determined a specific dispute between two parties in the context of a civil action for damages while seeking to ensure that a balance was struck between two competing fundamental rights claimed by the parties. They had taken their decisions after examining the criteria established by the Court and striking a reasonable balance between the interests at stake. In the Government’s view, there were therefore no sufficiently strong reasons for the Court to substitute its own assessment for that of the domestic courts. C. Submissions of the third-party interveners 1. The third-party intervener G. 158. The third-party intervener G. is the individual who requested anonymisation of the article mentioning his name that is in issue in the present case. He referred to the ordeal he had undergone in seeking to retain the benefit of being pardoned, having his offence forgotten and being rehabilitated by society. In the Grand Chamber proceedings he asserted in particular that the applicant had initially complied with the judicial decision ordering him to anonymise the article, before backtracking and publishing the non-anonymised version of the article online. 159. Regarding the necessity of the interference, the third-party intervener submitted that even if the Grand Chamber intended to employ the new criteria set out in the Court’s judgment in Biancardi v. Italy (no. 77419/16, 25 November 2021) rather than those established in its settled case-law concerning the balancing of the right to respect for private life and freedom of expression, as developed in Von Hannover and Axel Springer AG, the conclusions of the Belgian courts should be upheld. 160. The intervener emphasised the following: the fact that the article belonged to the past, meaning that it attracted a lesser degree of protection; the considerable impact of fresh publication of the article on the Internet following the online publication of the archives; the absence of any public interest in being informed of his full name in the article (which, moreover, was sensitive information); the lack of severity of the measure imposed on the applicant; and the requirement for the media to conduct their activities in good faith. He added that the integrity of the archives could not be an absolute 56

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