{"title":"The right to de-referencing ‘manifestly inaccurate’ information: TU, RE v Google","authors":"Laroussi Chemlali, Leila Benseddik","doi":"10.1080/17577632.2023.2215412","DOIUrl":null,"url":null,"abstract":"ABSTRACT On 8 December 2022, the Court of Justice of the European Union (CJEU) issued a judgment in case TU, RE v Google (C-460/20) as a step forward in shaping the right to de-referencing. After an overview of the previous CJEU’s case-law on the right to de-referencing, the present note gives insights into the findings of the CJEU regarding both the de-referencing of allegedly inaccurate content by the search engine operators, and the de-referencing of photographs displayed in the form of thumbnails. Regarding the dereferencing of online content, the CJEU held that such dereferencing must be granted when the data subject proves a manifest inaccuracy without the need for a judicial decision. As for the dereferencing of thumbnails, their informative value should be taken into account regardless of the original context of their publication.","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Media Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/17577632.2023.2215412","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
ABSTRACT On 8 December 2022, the Court of Justice of the European Union (CJEU) issued a judgment in case TU, RE v Google (C-460/20) as a step forward in shaping the right to de-referencing. After an overview of the previous CJEU’s case-law on the right to de-referencing, the present note gives insights into the findings of the CJEU regarding both the de-referencing of allegedly inaccurate content by the search engine operators, and the de-referencing of photographs displayed in the form of thumbnails. Regarding the dereferencing of online content, the CJEU held that such dereferencing must be granted when the data subject proves a manifest inaccuracy without the need for a judicial decision. As for the dereferencing of thumbnails, their informative value should be taken into account regardless of the original context of their publication.
期刊介绍：
The only platform for focused, rigorous analysis of global developments in media law, this peer-reviewed journal, launched in Summer 2009, is: essential for teaching and research, essential for practice, essential for policy-making. It turns the spotlight on all those aspects of law which impinge on and shape modern media practices - from regulation and ownership, to libel law and constitutional aspects of broadcasting such as free speech and privacy, obscenity laws, copyright, piracy, and other aspects of IT law. The result is the first journal to take a serious view of law through the lens. The first issues feature articles on a wide range of topics such as: Developments in Defamation · Balancing Freedom of Expression and Privacy in the European Court of Human Rights · The Future of Public Television · Cameras in the Courtroom - Media Access to Classified Documents · Advertising Revenue v Editorial Independence · Gordon Ramsay: Obscenity Regulation Pioneer?
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