The Right to be Forgotten and the Media

This chapter explores the relationship between the right to be forgotten and the media, focusing on developments in Europe where much of the legal innovation has taken place. It begins by examining the historical development of the right, highlighting its origins in developments in data protection and information technology law in 1970s Europe. The chapter then discusses contemporary developments, distinguishing between delisting and erasure requests. Drawing on the case law of the Court of Justice of the European Union and the European Court of Human Rights, the chapter argues that European jurisprudence tolerates delisting under strict safeguards but erasure claims face a much higher threshold. This reflects a broad consensus that the integrity of press archives must be preserved in the interest of preserving democratic accountability and historical memory.