Deindexing negative content from the web!
Obtain legal protection now: removal of search results and compensation for damages
Does your name or your photograph appear in Google and other search engine results in connection with court proceedings that damage your reputation?
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STUDIO PENALE BELLAVISTA
What is the right to be forgotten
The right to be forgotten is the fundamental right of every individual to request the removal (as well as the updating and correction) of personal information concerning them, including its reputational aspect. It is therefore established that every individual has the right to be forgotten and no longer to be associated with facts reported in the news in the past, since such facts may reflect negatively on their private life. This right must also be protected in the context of the Internet.
Deindexing news links on Google and other search engines
Thanks to digitisation, anyone can consult all the articles published over the years by the major newspapers. If news items were kept solely within websites, they would be accessible only through specific searches within the site itself.
The need to remove links from search engines such as Google arises from the effect of automatic indexing by those engines. This practice has made news items public knowledge, so that a simple search using the name of the person concerned is enough. As a result, those who in the past, sometimes very long ago, were involved in court proceedings risk seeing their name and their photograph permanently associated with those events, which may be out of date or even found to be untrue by the competent authorities. This irreparably damages the reputation of the individual concerned.
For these reasons, the need arises to remove this data from search engines, as well as to delete the associated photographs available online. This request has become vitally important for individuals, especially where there is a judgment of acquittal establishing that they had no part in the facts reported and indexed.
Legislative developments and the Cartabia reform: specific protection allowing you to request the deindexing of search engine results where you hold a judgment of acquittal
With Legislative Decree no. 150 of 10 October 2022, Article 41(1)(h) introduced Article 64-ter, entitled “Right to be forgotten of defendants and persons under investigation“.
Paragraph 3 of that provision states that: “Where a request seeks deindexing, the registry of the court that issued the order shall add and sign the following annotation, always indicating the reference to this article: ‘This order constitutes grounds for obtaining, pursuant to and within the limits of Article 17 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, an order for the removal from indexing, by general search engines, of content relating to the criminal proceedings, in respect of searches carried out on the basis of the applicant’s name.'”
The difference between deindexing and removal of content
It is important to stress that the term “deindexing” refers to an operation that is substantially different from the removal or deletion of content.
Deindexing does not delete the content; it makes the content not directly accessible through search engines outside the archive in which the content is held.
Why instruct a specialised law firm and the difference with Brand Reputation agencies
The Giambrone international law firm, through its Criminal Law department, provides assistance in applying for deindexing (or global delisting) starting from the criminal proceedings that gave rise to the dissemination and circulation of the material relating to the name to be removed from the web.
It is vitally important that the application is filed correctly by a specialised law firm, in order to speed up the deindexing procedure and avoid delays caused by procedural errors or oversights.
Did you know that Google rejects around 60% of URL removal requests?
Who we work with and what we do
- PRIVATE INDIVIDUALS
- COMPANIES
- PUBLIC FIGURES
Holding a judgment of acquittal or able to provide the details of the criminal proceedings underlying the content for which deindexing is sought from search engines
Should Google or the search engines fail to comply with the deindexing order, we will bring civil proceedings to obtain compensation for the damage suffered
Why choose Studio Penale Bellavista?