Acórdão TEDH - direito ao esquecimento de estabelecimento de restauração
Importante decisão do TEDH quanto a direito ao esquecimento solicitado por dono de estabelecimento comercial envolvido em processo crime.
«In the case of Biancardi v. Italy, the first in which it examined whether a journalist’s civil liability for not de-indexing information published on the Internet was compatible with Article 10 of the Convention, the ECHR has held that there was no violation of the right to freedom of expression.
Importante decisão dando provimento ao direito ao esquecimento de estabelecimento comercial.
«The applicant, a former editor-in-chief of an online newspaper, complained before the Court about the fact that he had been found liable in civil proceedings for having kept on his newspaper’s website an article reporting on a fight in a restaurant, giving details about the related criminal proceedings. He had not de-indexed the tags to the article, meaning that anyone could type into a search engine the name of the restaurant or its owner and have access to sensitive information on the criminal proceedings, despite the owner’s request to have the article removed.
In the Court’s view, not only can Internet search engine providers be obliged to de-index material, but so also can administrators of newspaper or journalistic archives that are accessible through the Internet, such as the applicant.»
Nota à imprensa do Tribunal Europeu dos Direitos do Homem de 25.11.2021