The Court of Justice of the European Union has ruled this Thursday that search engine managers such as Google must remove the link to content from their results if the person requesting it based on their right to be forgotten proves that the information to which leading to said link is “manifestly inaccurate”.
Furthermore, the ruling of the European Court specifies that the evidence presented by the person does not need to result from a judicial resolution issued against the editor of the website, although it is up to the person requesting the withdrawal to prove the manifest inaccuracy of the information.
In this sense, the Court based in Luxembourg indicates that in order to avoid an excessive burden falling on it that could undermine the useful effect of the right to remove links, it is only responsible for providing evidence that it can “reasonably” be required to seek. .
Therefore, the claimant will not be obliged to present before going to trial a previous judicial resolution issued at his request against the editor of the website in question, not even a resolution of provisional measures.
The case responds to that of two directors of a group of investment companies who asked Google to remove from the results obtained from a search carried out using their names those that included links to certain articles that gave a critical view of the investment model of said company. cluster.
The plaintiffs argue that these articles contain inaccurate factual allegations and ask Google to remove photos of them that are presented in the form of thumbnails in the results list of an image search carried out using their names.