BIANCARDI v. ITALY JUDGMENT
37. The Government added that the restriction in question had been
prescribed by law – namely, Legislative Decree no. 196/2003, which clearly
stated that the maintenance of personal data was subject to the continuing
existence of the objective that had initially justified their collection and
storage. The aim of journalism – namely, to contribute to public debate on
matters of social, political and economic interest – should be deemed to be
ongoing whenever the knowledge of certain events was still relevant to
public discussion. In that regard, the Government submitted that the article
had remained on the website of the online newspaper for a substantial
period of time. Indeed, no information about the progress of the related
criminal proceedings had been provided in the article, which had simply
recounted the material events.
38. The Government emphasised that the fact that the applicant had been
found guilty had been a consequence of the failure to de-index from the
Internet search engine the tags to the article published by the applicant
(which would have prevented anyone accessing the article by means of
simply typing out the name of V.X. or of his restaurant). In other words, the
decisions of the Italian courts had stated that the applicant should have deindexed the article’s content, thereby making it more likely that only people
who were genuinely interested in learning the facts of the matter in question
would come across the article. However, the applicant had not been obliged
actually to remove the article in question from the Internet archives.
39. Contrary to what the applicant had stated in his observations, the
Government submitted that the obligation to de-index material could be
imposed not only on Internet search engine providers, but also on the
administrators of newspaper or journalistic archives accessible through the
Internet.
(c) Third-party interveners
(i) Reporters Committee for Freedom of the Press
40. This intervener reiterated that the “right to be forgotten”, as
recognised by the CJEU in Google Spain and Google and as stipulated by
the GDPR (see, respectively, paragraphs 19 et seq. and 28 et seq. above) is
aimed at providing users with the ability to request that search engines delist or de-index the results of searches conducted on the basis of a person’s
name. Within the Convention system, this right has to be weighed against
the right to freedom of expression and the right to publish information – in
particular when it would result in the permanent removal of news articles
published by the press (see Węgrzynowski and Smolczewski v. Poland,
no. 33846/07, 16 July 2013).
41. This third-party intervener also pointed out the essential role played
by the press in a democratic society, including through media websites and
its establishment of digital archives. It also pointed out that the Court had
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