This decision has a mixed outcome for freedom of expression. On the one hand, the Belgian Court of Cassation (Court) recognized that the online archiving of older articles was protected as an aspect of the right to freedom of expression. On the other hand, the Court required that a newspaper anonymize the name of an individual in a story that had been legally printed almost twenty years before. This could have a detrimental impact on newspapers’ ability to keep digital records of their articles. It could also have a chilling effect on the reporting of current affairs, as newspapers may choose to anonymize information when it is initially published to prevent potential lawsuits in the future. Nonetheless, the Court reached a decision on the “right to be forgotten” that did not result in the de-indexing of an entire news story (making it more difficult for users to find it). Instead, a less drastic measure (i.e. anonymization) was imposed by the Court. Therefore, this decision could be viewed as a less disproportionate restriction on the right to freedom of expression when compared to other “right to be forgotten” cases.
The decision establishes a binding or persuasive precedent within its jurisdiction. The decisions of the Court of Cassation are not binding on lower courts, but still offer persuasive authority.