In a judgment of 8 December 2022, the Court of Justice of European Union (CJEU) decided that the operator of a search engine must dereference information found in the referenced content where the person requesting dereferencing proves that such information is manifestly inaccurate.
the right to freedom of expression and information cannot be taken into account where, at the very least, a part – which is not of minor importance – of the information found in the referenced content proves to be inaccurate, Court said.
Where the person who has made a request for de-referencing submits relevant and sufficient evidence capable of substantiating his or her request and of establishing the manifest inaccuracy of the information found in the referenced content, the operator of the search engine is required to accede to that request.
In accordance to decision, when the operator of a search engine receives a request for de-referencing concerning photos displayed in the form of thumbnails, it must ascertain whether displaying those photos is necessary for exercising the right to freedom of information of internet users who are potentially interested in accessing those photos. In that regard, contribution to a debate of public interest is an essential factor to be taken into consideration when striking a balance between competing fundamental rights