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

2012 ◽  
pp. 10-24 ◽  
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.

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.

Governing Fake News: The Regulation of Social Media and the Right to Freedom of Expression in the Era of Emergency

2021 ◽  
pp. 1-41
Author(s):  
Donato VESE
Keyword(s):  
Social Media ◽  
Freedom Of Expression ◽  
Self Regulation ◽  
Public Law ◽  
Fake News ◽  
Human Right ◽  
Social Media Platforms ◽  
Definition Of ◽  
The Right ◽  
Media Censorship

Governments around the world are strictly regulating information on social media in the interests of addressing fake news. There is, however, a risk that the uncontrolled spread of information could increase the adverse effects of the COVID-19 health emergency through the influence of false and misleading news. Yet governments may well use health emergency regulation as a pretext for implementing draconian restrictions on the right to freedom of expression, as well as increasing social media censorship (ie chilling effects). This article seeks to challenge the stringent legislative and administrative measures governments have recently put in place in order to analyse their negative implications for the right to freedom of expression and to suggest different regulatory approaches in the context of public law. These controversial government policies are discussed in order to clarify why freedom of expression cannot be allowed to be jeopardised in the process of trying to manage fake news. Firstly, an analysis of the legal definition of fake news in academia is presented in order to establish the essential characteristics of the phenomenon (Section II). Secondly, the legislative and administrative measures implemented by governments at both international (Section III) and European Union (EU) levels (Section IV) are assessed, showing how they may undermine a core human right by curtailing freedom of expression. Then, starting from the premise of social media as a “watchdog” of democracy and moving on to the contention that fake news is a phenomenon of “mature” democracy, the article argues that public law already protects freedom of expression and ensures its effectiveness at the international and EU levels through some fundamental rules (Section V). There follows a discussion of the key regulatory approaches, and, as alternatives to government intervention, self-regulation and especially empowering users are proposed as strategies to effectively manage fake news by mitigating the risks of undue interference by regulators in the right to freedom of expression (Section VI). The article concludes by offering some remarks on the proposed solution and in particular by recommending the implementation of reliability ratings on social media platforms (Section VII).

scholarly journals Guilty of using Google: Reconciling the right to a fair trial with the right to freedom of expression and addressing juror misconduct in the age of social media

2021 ◽  
Author(s):  
◽  
Emma Jane Smith
Keyword(s):  
Social Media ◽  
Legal System ◽  
Freedom Of Expression ◽  
Fair Trial ◽  
Communications Technology ◽  
Independent Research ◽  
The Subject ◽  
The Law ◽  
The Right

<p>It is widely accepted that the right to a fair trial is one of the most important guarantees contained within our legal system. That right is undermined when a jury member conducts his or her own research into a case. This type of juror misconduct constitutes contempt of court. In the light of the fact that the law of contempt is currently the subject of review in a number of jurisdictions, this paper considers how the law of contempt could be adapted to better manage the risk of jurors undertaking independent research. After a discussion of the current law and some problems with it, particularly those created by modern communications technology, this paper considers a number of possible reform options. It makes two broad recommendations. First, that the law should focus relatively more on preventing jurors undertaking their own research than on limiting publication. Second, that independent research by jurors should be the subject of statutory criminalisation, and a range of measures should be adopted to increase jurors’ understanding of the importance of not going outside the evidence before them and to minimize any incentives for jurors to conduct their own research.</p>

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.

Remedies and Sanctions

2016 ◽  
Author(s):  
Matthew Nicklin QC ◽  
Chloe Strong
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Personal Information ◽  
European Convention ◽  
Criminal Sanctions ◽  
Legal Remedies ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Media ◽  
The Right

This chapter considers the legal remedies that may be available to those who complain that an invasion of their privacy has occurred or is threatened by the actions of the media, as well as touching briefly on the criminal sanctions that may be applicable. Regulatory remedies under the Data Protection Act are considered in Chapter 7 and the remedies available from the media regulators in Chapter 14. Whether a remedy is sought before or after publication, and whether the complaint relates to the content of an actual or proposed publication or the method by which personal information has been obtained, it is likely that any relief granted will affect the exercise of the right to freedom of expression enshrined in Article 10 of the European Convention on Human Rights (ECHR). In such circumstances s 12 of the Human Rights Act 1998 (HRA) applies. The interpretation given to this important statutory provision by the courts is considered in Section C, but this chapter begins by looking at Parliament’s intention in enacting s 12. This is not necessarily to suggest that courts should have regard to such material as an aid to construction under the rule in Pepper v Hart but rather to explain the legislative background to this highly relevant provision.

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.

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