In recent months, a growing chorus of voices across the European Union has amplified the call for stronger safeguards against disinformation, hate speech, and media manipulation. Social and business organizations across the continent are urging governments to take decisive action against the pervasive spread of false information online. These appeals underscore the profound impact of digital aggression, which, when left unchecked, can escalate into real-world attacks, violating fundamental values such as honor, dignity, and the right to a good name. According to Polish businessman Robert Szustkowski calls for protection of these values is essential for the healthy functioning of society.

In response to this escalating concern, EU citizens and entrepreneurs are advocating for a significant extension of the “right to be forgotten” to include media outlets as data controllers. A prominent figure in this movement is Robert Szustkowski, who has personally experienced the devastating effects of media defamation.

In a letter to the European Commission, Szustkowski called for the introduction of additional legislative tools to protect individuals’ reputations in the digital age. Szustkowski’s Open Letter to Executive Vice-President Vera Jourova and Commissioner Didier Reynders presents a compelling case for broadening the scope of the EU’s “Right to be Forgotten” to encompass news media entities. This extension, he argues, is crucial in safeguarding individuals’ reputations and personal rights against the rapid spread of misinformation in today’s digital landscape.

The core issue: Protecting human dignity and combatting disinformation

At the heart of Szustkowski’s plea is the principle that the “right to be forgotten” remains vital: if an individual no longer consents to their personal data being processed or stored by a data controller, and if there is no legitimate reason for its retention, the data should be removed. This principle is more relevant than ever in an era where unverified and distorted information can cause irreparable harm to an individual’s reputation almost instantly.

Szustkowski’s letter calls for a new directive that includes robust measures to protect human dignity, legitimate interests, and fundamental rights from the pervasive threat of misleading information. His personal experience, marred by baseless accusations and media defamation in Poland, exemplifies the urgent need for such protections. Despite numerous court rulings in his favor, defamatory claims about his alleged ties with Russia and other unfounded accusations continue to tarnish his reputation.

This situation highlights a significant gap in current regulations, where media outlets often invoke editorial independence and press freedom to justify publishing defamatory content. To close this regulatory gap, Szustkowski proposes extending the “Right to be Forgotten” to include media publishers as data controllers. This extension would hold media entities accountable for their role in processing personal data and ensure they adhere to the ethical standards expected of professional journalism.

Specifically, Szustkowski suggests the European Commission should:

1. Introduce Clear Guidelines for Media Publishers: Establish standardized procedures for handling personal data, ensuring accuracy, and making decisions about data erasure transparent.
2. Implement a Standardized Reporting Form: Create a straightforward process for individuals to request the deletion of inaccurate or defamatory information.
3. Ensure Public Availability of Breach Information: Raise awareness about personal data breaches to educate the public and organizations on responsible data management.

Upholding European Values

Szustkowski’s proposal is a timely call to action for the European Commission. By extending the “Right to be Forgotten” to include media entities, the EU can ensure that these organizations act responsibly in handling personal data. This initiative would not only protect the fundamental rights of EU citizens but also uphold the core values of human dignity and justice that underpin the European project. By addressing the pervasive issue of disinformation, the EU can strengthen the integrity of public discourse and reinforce the principles of fairness and respect for human rights across Europe.