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Biancardi v. Italy, No. 77419/16, ECtHR (First Section), 25 November 2021

Abstract

Freedom of expression. Freedom of press. Administrator of journalistic archives. Obligation to de-index material. No obligation to permanently remove or anonymise the article. 

Normative references

Art. 10 ECHR 

Ruling

1. The European Court of Human Rights ruled that not only search engines, but also administrators of online newspapers or archive may have, in certain situations, an obligation to de-index some documents, so safeguarding the individual right to be forgotten. Consequently, the fact that Italian courts enforced such obligation against the applicant does not amount to a violation of the latter's freedom of expression. 

2. The administrators of online newspapers or archives are do not have, according to the ECtHR, instead, any obligation to permanently remove or anonymise the same material.