In this post, Hugh Tomlinson QC discusses the implications of a ruling in the Belgian justice system for the application of the “right to be forgotten” for news organisations. Tomlinson is a member of Matrix Chambers and an editor of the Inforrm blog. The post was first published on the Inforrm blog and is cross-posted here with permission.
In the case of Olivier G v Le Soir (29 April 2016, n° C.15.0052.F [pdf]) the Belgian Court of Cassation decided that, as the result of the “right to be forgotten”, a newspaper had been properly ordered to anonymise the online version of a 1994 article concerning a fatal road traffic accident.
The applicant had been convicted of a drink driving offence as a result of the accident but his conviction was spent and the continued online publication of his name was a violation of his Article 8 rights which outweighed the Article 10 rights of the newspaper and the public.