By any other name: fact-checking and the right to forget the past

This paper explores the evolving legal landscape surrounding the Right to Be Forgotten in the context of the digital age, where the persistence of online information poses significant challenges to the balance between freedom of expression and privacy rights. While traditional media and fact-checking mechanisms aim to ensure the accuracy and integrity of public information, they often fall short in addressing the long-term harm caused by the enduring availability of personal data online. Drawing on European jurisprudence, particularly the decisions of the Court of Justice of the European Union (CJEU), and contrasting it with the Brazilian legal approach, this paper highlights the need for robust legal frameworks that allow individuals to reclaim control over outdated or harmful information. The study underscores the role of the Right to Be Forgotten as a fundamental legal tool in protecting personal dignity in digital environments, advocating for its recognition as an essential component of modern data protection laws.

Authors

Institutions

Publication Details

Journal
Brazilian Journal of Law Technology and Innovation
Published
2025-02-04
DOI
https://doi.org/10.59224/bjlti.v2i2.129-163
Primary Topic
Misinformation and Its Impacts
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

By any other name: fact-checking and the right to forget the past

João Alexandre Silva Alves Guimarães
Brazilian Journal of Law Technology and Innovation
Misinformation and Its Impacts
article

By any other name: fact-checking and the right to forget the past

João Alexandre Silva Alves Guimarães
article en

Abstract

This paper explores the evolving legal landscape surrounding the Right to Be Forgotten in the context of the digital age, where the persistence of online information poses significant challenges to the balance between freedom of expression and privacy rights. While traditional media and fact-checking mechanisms aim to ensure the accuracy and integrity of public information, they often fall short in addressing the long-term harm caused by the enduring availability of personal data online. Drawing on European jurisprudence, particularly the decisions of the Court of Justice of the European Union (CJEU), and contrasting it with the Brazilian legal approach, this paper highlights the need for robust legal frameworks that allow individuals to reclaim control over outdated or harmful information. The study underscores the role of the Right to Be Forgotten as a fundamental legal tool in protecting personal dignity in digital environments, advocating for its recognition as an essential component of modern data protection laws.

Brazilian Journal of Law Technology and InnovationVol. 2(2)
University of Coimbra (PT)
Openalex Percentile: Top 98%
Misinformation and Its Impacts
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.