La prensa digital frente al derecho al olvidoel equilibrio entre el derecho a libertad de expresión y el derecho a la vida privada según el TEDH

Abstract

The ECourtHR has ruled on the right to be forgotten in relation to the digital press in the case M. L. v. Germany, that is, has resolved the conflict between such right, considering it included in the right to privacy of art. 8 ECHR, and freedom of expression, contained in art. 10 ECHR, when it is exercised by media. In this context, this paper aims to analyse the weighting criteria used in order to balance the interests at stake, this being the first time that the right to be forgotten is brought as an action in relation to the press, and not in front of the search engine, before the ECourtHR. This study allows us to conclude that, although the right to be forgotten is not expressly provided for in the ECHR, it is protected by it and it is subject to the same limits as the right to privacy.