EU top court to decide if France’s “right to be forgotten” approach should apply globally

BY Christian Borggreen
July 19, 2017

Today a French court deferred to the EU’s highest court the question of whether a French “right to be forgotten” ruling should apply to online search results globally.

Essentially the EU’s top court will now have to decide if the balance between the right to free expression and the right to privacy should be struck by each country or if one (French) approach should apply for all globally.

Many organisations had expressed concerns with the French approach and its impact on freedom of speech, press freedom and the right to access information on the Internet.  A coalition of 29 media organisations commented “that French authorities had no right to force their interests on Internet users in other countries.”  Wikimedia had argued that “No single nation should attempt to control what information the entire world may access. This case would fundamentally undermine the Wikimedia vision of a world where every single human being can freely share in the sum of all knowledge.”

Given its global implications, including the potential for new conflicts of national laws, this new EU court proceeding will be one to watch…

Related Articles

EU Court Opinion Sets Limits to Use of Upload Filters in New EU Copyright Rules

Jul 15, 2021

Brussels, BELGIUM  — The EU top court’s Advocate General, Henrik Saugmandsgaard Øe, today provided his opinion on the Polish government’s request to annul the controversial Article 17 in the new EU Copyright rules. Poland requested that the Court of Justice of the EU (CJEU) annul Article 17 due to infringement of the right to freedom…

CCIA Supports Efforts to Address Censorship Practices, Digital Trade Barriers in China Legislation

May 27, 2021

Washington, DC — The Computer & Communications Industry Association (CCIA) supports efforts by Senator Wyden and others to include language in the U.S. Innovation and Competition Act to address foreign censorship practices and strengthen the ability of the Office of the U.S. Trade Representative to combat digital trade barriers. Foreign censorship practices by authoritarian regimes,…