HURBAIN v. BELGIUM JUDGMENT
(ii) Terminology used
175. As regards terminology, the Court observes that a number of terms
have been used to denote the variety of means deployed in order to give effect
to the “right to be forgotten” to which the domestic courts referred (see also
Biancardi, cited above, § 53). Generally speaking, the “right to be forgotten”
may give rise in practice to various measures that can be taken by search
engine operators or by news publishers. These relate either to the content of
an archived article (for instance, the removal, alteration or anonymisation of
the article) or to limitations on the accessibility of the information. In the
latter case, limitations on access may be put in place by both search engines
and news publishers. In the interests of clarity and consistency, in the present
judgment the Court will use the term “delisting” to refer to measures taken
by search engine operators, and the term “de-indexing” to denote measures
put in place by the news publisher responsible for the website on which the
article in question is archived (ibid., §§ 55-56).
(b) General principles
(i) Article 10 and the protection of digital press archives
176. The Court has consistently held that freedom of expression
constitutes one of the essential foundations of a democratic society and one
of the basic conditions for its progress and for each individual’s
self-fulfilment. Subject to Article 10 § 2, it applies not only to “information”
or “ideas” that are favourably received or regarded as inoffensive or as a
matter of indifference, but also to those that offend, shock or disturb. Such
are the demands of pluralism, tolerance and broadmindedness without which
there is no “democratic society”. As enshrined in Article 10, freedom of
expression is subject to exceptions which must, however, be construed
strictly, and the need for any restrictions must be established convincingly
(see Von Hannover v. Germany (no. 2) [GC], nos. 40660/08 and 60641/08,
§ 101, ECHR 2012; Couderc and Hachette Filipacchi Associés, cited above,
§ 88; and Bédat v. Switzerland [GC], no. 56925/08, § 48, 29 March 2016).
177. As regards press freedom, although the press must not overstep
certain bounds, particularly as regards the reputation and rights of others, its
duty is nevertheless to impart – in a manner consistent with its obligations
and responsibilities – information and ideas on all matters of public interest.
Thus the task of imparting information necessarily includes “duties and
responsibilities”, as well as limits which the press must impose on itself
spontaneously (see Couderc and Hachette Filipacchi Associés, cited above,
§ 89, and Von Hannover (no. 2), cited above, § 102).
178. Not only does the press have the task of imparting such information
and ideas; the public also has a right to receive them. Were it otherwise, the
press would be unable to play its vital role of “public watchdog” (see
Bladet Tromsø and Stensaas v. Norway [GC], no. 21980/93, §§ 59 and 62,
61
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