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date: 26 September 2020

Abstract and Keywords

The right to be forgotten might be seen more as a political slogan than as a ‘right’. As some have said, like all successful political slogans it is like a Rorschach test. People can see in it what they want. However, particularly after the Costeja case, this ‘right’ has begun to permeate Latin America countries in the form of legislative reforms and judicial requests to implement it. The Belén Rodriguez case decided by the Argentine Supreme Court is only one example, though not the only one that has had an indubious impact on how to define the right to be forgotten. This chapter will review other cases decided by Latin America courts and also legislative initiatives that link the right to be forgotten and intermediary liability. This chapter will in particular compare how these initiatives follow in the footsteps of the well-established Inter American System of Human Rights standards and the recent Europeans trends since Costeja. Finally, this chapter will give some guidance on how to balance the conflicting rights that arise when countries implement legal arrangements like the right to be forgotten or more generally delisting and de-indexing obligations.

Keywords: freedom of expression, speech, privacy, Latin America, Argentina, Chile, Columbia, Mexico, Peru, Uruguay

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