At the request of the German Federal Court of Justice, the Court of Justice of the European Union (CJEU) has held that search engine operators shall dereference content that the user shows to be manifestly inaccurate, in the exercise of their right to be forgotten. In the case at hand, two managers of a group of investment companies filed a request with Google asking for dereference of results of searches made with their names that reveal articles containing inaccurate claims about the group. Also, they requested the removal of their photos from the list of results of an image search made on the basis of their names. The burden of proof is on requesting users to provide evidence capable of establishing the inaccuracy of the information. Such evidence does not need to stem from a judicial decision proving the inaccuracy. In regard to the display of photos, the CJEU stated that the search engine operators must conduct a separate balancing of competing rights and that the informative value of photos should be taken into account without taking into consideration the context of their publication on the internet page from which they are taken.
Freedom of expression
Russia bans LGBTQ ‘propaganda’, including on social media
A new Russian law bans ‘propaganda’ about ‘nontraditional sexual relations’ in the media, advertising, or on social media. The new law extends the ban on ‘propaganda of nontraditional sexual relations’ among minors, in place since 2013, to adults, with steep fines or suspension of business activities for Russians, and expulsion from the country for foreigners who are found guilty. The law also prohibits the issuance of a rental or streaming certificate for films promoting nontraditional sexual relations and preferences.
The new law imposes fines for ‘propaganda’ of nontraditional sexual relations or preferences to about US$6,400 for citizens and US$80,000 for organisations. Roskomnadzor, Russia’s internet regulator, is tasked with the enforcement of these rules.
Pakistani website blocked after investigating the country’s army chief
The Pakistani investigative site ‘Fact Focus’ was completely unreachable for more than 20 hours on 21 November after publishing its ‘Bajwa Leaks’ story detailing the immense fortune accumulated by Gen. Qamar Javed Bajwa’s family since he became the Chief of Army Staff. According to Fact Focus editors, the site was blocked by the Pakistan Telecommunication Authority, a governmental entity, on the directives of the Prime Minister and the Minister of Information and Broadcasting. It became partially available again when the RSF (Reporters Without Borders) and other civil society representatives reported continuous suppression.
RSF urges Greek and EU authorities to launch investigation on spyware of journalists
Reporters Without Borders (RSF) have urged Greek authorities to launch an immediate independent investigation into arbitrary surveillance and called on European institutions to impose a moratorium on the use of spyware. The calls were made in the context of allegations that 13 Greek journalists have been targeted by the Predator spyware, reportedly acquired by Greek intelligence services.
On 3 October 2022, Secretary of State George Gerapetridis pledged to present a draft law amending the rules on surveillance within two weeks. According to RSF, the draft law, made public on 15 November, appears to allow a person previously under surveillance to be notified only three years later.