Abstract

http://ssrn.com/abstract=2027018
 
 

Citations (1)



 


 



The Emerging Conflict between Newsworthiness and the Right to Be Forgotten


Jasmine E. McNealy


University of Kentucky - School of Library and Information Science

2012

Northern Kentucky Law Review, Vol. 39, No. 2, 119-135 (2012)

Abstract:     
In early 2010 it was reported that the some of the nations of the European Union were considering passing legislation aimed a protecting an individual's "right to be forgotten." The right to be forgotten is such that a person's past deeds, though chronicled and now available on the Internet, were considered private. Therefore, any person could demand that the possessor of this information erase it or face a lawsuit.

Although EU members hail the creation of this right to be forgotten as improving individual privacy rights, such a right creates a problem for American online news organizations. Not only does such law come into direct conflict with protections found in the First Amendment, but it also conflicts with traditional privacy jurisprudence, which states that information made public cannot become private again. At the same time, Americans seem to be attempting to assert a right to be forgotten. For instance, a man threatened to sue a college newspaper that had articles reporting on the misdeeds of his son in its online archives.

This paper analyzes the emerging conflict that recognizing a right to be forgotten online would have with American jurisprudence regarding the role of the press, both traditional and online, as a watchdog for the public as well as with traditional U.S. privacy policy. Section two attempts to examine the boundaries of the right to be forgotten from both theoretical and EU perspectives. Section three considers traditional U.S privacy law and some of the contours of that law including the protection for newsworthy information. Section four analyzes the right to be forgotten with respect to the protections for free expression detailed in Section three. This paper concludes with a consideration of how the right to be forgotten would not fit with traditional U.S. privacy jurisprudence.

Number of Pages in PDF File: 17

Keywords: right to be forgotten, privacy, newsworthiness, European Union

Accepted Paper Series


Download This Paper

Date posted: March 22, 2012 ; Last revised: October 4, 2012

Suggested Citation

McNealy, Jasmine E., The Emerging Conflict between Newsworthiness and the Right to Be Forgotten (2012). Northern Kentucky Law Review, Vol. 39, No. 2, 119-135 (2012). Available at SSRN: http://ssrn.com/abstract=2027018

Contact Information

Jasmine E. McNealy (Contact Author)
University of Kentucky - School of Library and Information Science ( email )
320 Little Library Building
Lexington, KY 40506-0224
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,349
Downloads: 248
Download Rank: 67,529
Citations:  1

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.329 seconds