GRAND CHAMBER CASE OF HURBAIN v. BELGIUM (Application no. 57292/16) JUDGMENT Art 10 • Freedom of expression • Newspaper publisher ordered to anonymise online archived version of lawful article published twenty years earlier, on grounds of “right to be forgotten” of driver who caused a fatal accident • Need to preserve integrity of press archives • Clarification of scope of “right to be forgotten online”, a nonautonomous right linked to the right for respect for reputation • Establishment of criteria and rules for balancing the various rights at stake • Account taken by national courts of the nature and seriousness of the judicial facts reported on in the article, the lack of topical, historical and scientific interest and the fact that the person concerned was not well known • Continued online availability of article without restrictions apt to create “virtual criminal record” in view of the rehabilitation of the person concerned and the considerable time elapsing since publication of the original article • Anonymisation did not impose excessive and impracticable burden on publisher, while constituting the most effective means of protecting the privacy of the person concerned • Balancing of competing interests by the domestic courts in accordance with the Convention requirements • Interference proportionate and limited to what was strictly necessary STRASBOURG 4 July 2023 This judgment is final but it may be subject to editorial revision.

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