Pravica do izbrisa novinarskih prispevkov iz spletnih arhivov medijev

slovenian

2021

volume 47, issue 6/7

erasure of articles from online archives   freedom of expression   online media archives   right to be forgotten   right to free personal development   right to privacy

Lexpera d. o. o.
(Obvezni izvod spletne publikacije)

The author discusses the impact of technological development on the relationship between freedom of the press and the right to privacy and personality rights in the case of online media archives. He notes that the criteria for defining the boundary between those colliding rights were established decades ago in different social circumstances than they are today. The advent of the Internet and social networks has enabled virtually boundless exchange of ideas and information among people around the world and without regard to national borders. One example of the impact of technological developments on the relationship between freedom of expression and the right to privacy are the online media archives, in which sensitive information on legal entities is available in journalistic articles to a large number of people for an indefinite period. The encroachment of the media on the right to privacy of persons reported on by journalists in these articles is thus more intense today than it was in the time of traditional, mainly printed media. Given the changed social circumstances, there is a renewed reconsideration of the appropriateness of the established criteria for resolving the conflict between freedom of the press and the right to privacy and personal rights. Based on the analysis of the case law of the European Court of Human Rights and the German Federal Constitutional Court, the author takes the view that in the case of requests for erasure of articles from online journalistic archives, the right to privacy and the right to free development should be taken into account.

03.11.2021