scholarly journals Approach towards the right to be forgotten under Turkish law in comparison with EU and US laws: a need for a reform?

2021 ◽  
Vol 2 (11) ◽  
Author(s):  
CANYAŞ Oytun ◽  
CANYAŞ AslıBAYATA
Keyword(s):  
Freedom Of Expression ◽  
Comparative Law ◽  
Press Freedom ◽  
Digital Archive ◽  
Fresh Start ◽  
Personality Rights ◽  
Right To Be Forgotten ◽  
Eu And Us ◽  
The Right ◽  
Court Practice

This study firstly analyses the general approaches of EU and US laws to the right to be forgotten. Then, basing on the right to be forgotten, a variety of dimensions from comparative law, court practice, doctrinal views and different legal sub-branches are considered from the aspect of Turkish law. Although there is no specific provision on the right to be forgotten in Turkish law, the right has been subject to doctrinal discussions from different perspectives. It is also referred to in court judgments, specifically when an individual wishes to erase certain news, data, etc. from the digital and/or non-digital archive so they can make a fresh start to a new life. Granting that person the right to be forgotten is in terms of protecting personality rights and privacy while acknowledging that these interests may compete with rights to press freedom and freedom of expression. After scrutinising the doctrinal view and court judgments, this study concludes that considering Turkish law, certain provisions should be enacted on the right to be forgotten to ensure uniform interpretation and clarify the definition and conditions of application.

scholarly journals Press freedom, social media and the citizen

2013 ◽  
Vol 19 (2) ◽  
pp. 215 ◽  
Author(s):  
Mark Pearson
Keyword(s):  
Freedom Of Expression ◽  
Printing Press ◽  
Press Freedom ◽  
Truth Telling ◽  
Codes Of Practice ◽  
Media System ◽  
The World ◽  
20Th Anniversary ◽  
African Media ◽  
The Right

On 3 May, 2013, AUT University’s Pacific Media Centre marked the 20th anniversary of the UNESCO World Press Freedom Day with the inaugural event in New Zealand. The event was initiated by UNESCO’s Programme for Freedom of Expression, Democracy and Peace with the first seminar on ‘Promoting an Independent and Pluralistic African Media’ in Windhoek, Namibia, on 3 May, 1993. The journalists participating in that event drew up the Windhoek Declaration which highlighted that press freedom should be understood as a media system that is free, pluralistic and independent. They insisted that that this dispensation was essential for democracy and development. The Declaration became a landmark document in the fight for press freedom around the world. This address argues that new ethical codes of practice are now needed that are inclusive of serious bloggers and citizen journalists. The author of this address states: ‘The printing press spawned free expression’s offspring—the right of “press freedom”—as pamphleteers fought censorship by governments in the ensuing centuries. Events are unfolding much more quickly now. It would be an historic irony and a monumental shame if press freedom met its demise through the sheer pace of irresponsible truth-seeking and truth-telling today’.

Press Freedom and Investor–State Dispute Settlement: Past, Present and Future

2020 ◽  
Vol 11 (1) ◽  
pp. 127-149
Author(s):  
Aphiwan Natasha King
Keyword(s):  
Dispute Settlement ◽  
Due Process ◽  
Good Governance ◽  
Freedom Of Expression ◽  
Press Freedom ◽  
International Human Rights Law ◽  
Investment Treaty ◽  
The Individual ◽  
The Right ◽  
Equitable Treatment

Abstract This article argues in favour of the use of Investor–State Dispute Settlement (ISDS) as a mechanism for enforcing global freedom of the press. Commentators have increasingly recognized the potential of investor–State arbitration as a method for promoting good governance by host States. Given the shared preoccupation of international human rights law and ISDS with the protection of the individual against State action, it is unsurprising that the right to property, due process, and non-discrimination each has its analogue in investment treaty standards. This article summarizes disputes in which news and media organizations, as commercial actors, have successfully sought provisional measures and awards to address State controls on freedom of expression, through common investment protections such as Fair and Equitable Treatment (FET). Through this, the article highlights both the substantive and procedural advantages of this mode of dispute settlement, as well as the risks inherent in initiating arbitration against a State.

Recognition and Protection of Personality Rights: Classification and Typology

2019 ◽  
Vol 9 (3) ◽  
pp. 243-268
Author(s):  
Johann Neethling
Keyword(s):  
Comparative Law ◽  
Practical Significance ◽  
Right To Life ◽  
Protective Measures ◽  
Legal Principles ◽  
The Right To Privacy ◽  
Personality Rights ◽  
Individual Personality ◽  
The Right ◽  
Right To Dignity

Abstract In this article the premise is that personality interests exist in factual reality independently of any legal recognition. This emphasis on the pre-legal existence of individual personality interests is not merely of philosophical interest, but of cardinal jurisprudential and practical significance as it brings to the fore the fact that the qualities of personality interests are not determined by legal principles, but primarily by their nature in the sphere of factual reality. A jurisprudential definition and delineation of personality interests, which is essential to enable protective measures to be properly applied in practice, does not detract from this. This classification and typology therefore take account of factual reality, supplemented on a comparative law approach by the personality rights identified and delimited by jurists, the courts and legislatures, as well as typical examples of infringements of personality sanctioned by the different legal systems. Accordingly, the following classification and typology of personality rights are proposed: the right to life, the right to physical integrity, the right to physical liberty, the right to reputation, the right to dignity, the right to feelings, the right to privacy, and the right to identity.

The Right To Be Forgotten

2016 ◽  
Author(s):  
Edward L. Carter
Keyword(s):  
European Union ◽  
Data Protection ◽  
Search Engines ◽  
Freedom Of Expression ◽  
The European Union ◽  
Legal Concept ◽  
Court Of Justice ◽  
Right To Be Forgotten ◽  
The Right ◽  
The Eu

The right to be forgotten is an emerging legal concept allowing individuals control over their online identities by demanding that Internet search engines remove certain results. The right has been supported by the European Court of Justice, some judges in Argentina, and data-protection regulators in several European countries, among others. The right is primarily grounded in notions of privacy and data protection but also relates to intellectual property, reputation, and right of publicity. Scholars and courts cite, as an intellectual if not legal root for the right to be forgotten, the legal principle that convicted criminals whose sentences are completed should not continually be publicly linked with their crimes. Critics contend that the right to be forgotten stands in conflict with freedom of expression and can lead to revisionist history. Scholars and others in the southern cone of South America, in particular, have decried the right to be forgotten because it could allow perpetrators of mass human rights abuses to cover up or obscure their atrocities. On the other hand, those in favor of the right to be forgotten say that digital technology preserves memory unnaturally and can impede forgiveness and individual progress. The right to be forgotten debate is far from resolved and poses difficult questions about access to, and control of, large amounts of digital information across national borders. Given the global nature of the Internet and the ubiquity of certain powerful search engines, the questions at issue are universal, but solutions thus far have been piecemeal. Although a 2014 decision by the Court of Justice of the European Union (EU) garnered much attention, the right to be forgotten has been largely shaped by a 1995 European Union Directive on Data Protection. In 2016, the EU adopted a new General Data Protection Regulation that will take effect in 2018 and could have a major impact because it contains an explicit right to be forgotten (also called right to erasure). The new regulation does not focus on the theoretical or philosophical justification for a right to be forgotten, and it appears likely the debate over the right in the EU and beyond will not be resolved even when the new rule takes effect.

The “Right to be Forgotten” in the Era of Social Media and Cloud Computing

2014 ◽  
pp. 1975-1989
Author(s):  
Maria Giannakaki
Keyword(s):  
Social Media ◽  
Cloud Computing ◽  
Freedom Of Expression ◽  
Personal Information ◽  
New Right ◽  
Web 3.0 ◽  
Right To Be Forgotten ◽  
Data Protection Directive ◽  
The Right ◽  
Proper Balance

The globalization and ubiquitous character of information in the era of social media and cloud computing has led to a loss of control over individuals' own data, who face significant difficulties to understand and measure the consequences of the disclosure of their personal information on the Internet, as well as the means and the context in which they are or will be processed. Under the reviewing process of the EU Data Protection Directive, the “right to be forgotten” appears to be the means by which individuals will be able to regain control over their data. However, implementing the new right in the ICT environment and striking the proper balance between conflicting rights, such as the freedom of expression, will not be easy. The purpose of the chapter is to identify the challenges that Web 2.0, Web 3.0, and cloud computing technologies raise, focusing on how these challenges are addressed under the new “right to be forgotten” and providing an insight of the alternative “quasi legal” measures that emerge.

Legal Protection of the Right to be Forgotten on the Internet in European and Arab Legislation

2021 ◽  
pp. 1-24
Author(s):  
Jamal Barafi ◽  
Ali Hadi Al-Obeidi
Keyword(s):  
Mass Media ◽  
Freedom Of Expression ◽  
Legal Protection ◽  
The Internet ◽  
Access To Information ◽  
Right To Privacy ◽  
European Approach ◽  
The Right To Privacy ◽  
Right To Be Forgotten ◽  
The Right

Abstract The development of the Internet and mass media has facilitated access to information and freedom of expression in unprecedented ways, but in so doing there have been many violations, especially of the right to privacy. Such violations have led to calls for the establishment of the right to be forgotten. In this paper, we focus on clarifying the concept of the right to be forgotten and the conditions for establishing this. Moreover, we consider the European approach to the right to be forgotten (RTBF), showing how different European instruments have been employed to recognize this right, such as recommendations, regulations, and directives, in order to coordinate national efforts on this issue. In addition, this paper will analyze the stance of some national Arabic legislation regarding the RTBF.

LEGAL BASIS OF PRESS FREEDOM IN IRELAND

2020 ◽  
Vol 2 (XX) ◽  
pp. 19-44
Author(s):  
Michał Kaczmarczyk
Keyword(s):  
Freedom Of Expression ◽  
Press Freedom ◽  
Legal Basis ◽  
Legal Tradition ◽  
Freedom Of Establishment ◽  
Media Freedom ◽  
Media System ◽  
The Press ◽  
The Media ◽  
The Right

The concept of freedom of the press is closely linked to freedom of expression. Freedom of the media is an instrument of free speech and is derived from the freedom of expression, independence of thought, opinion, ideas and judgement. Freedom of the media is possible only if the state ensures real independence of expression, access to reliable information, freedom of publication and publishing. Respecting media freedom through non-interference by public auReceived thorities is an important part of the European standard of democracy, and is aligned with the essence of the liberal democratic regime. Ireland has a diversified market of newspapers and magazines, created by private entities, operating on the basis of well-developed guarantees of freedom of establishment that are deeply rooted in the Irish legal tradition. Freedom of speech, which is also enjoyed by the media, is enshrined in the Constitution, and appropriate institutions have been established to protect it, defending the right of the media to obtain and disseminate information, but also to safeguard the principles of law and ethics in journalism, combining the right of the press to express opinions and freely describe reality with the right of the beneficiaries of this activity (readers) to obtain information that is reliable, true, honest and credible. This article attempts to characterize the legal basis of press freedom in Ireland (both domestic and international) and to describe the institutions that uphold this freedom, ensuring that the media system functions properly as one of the subsystems of the social system.

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