Compensation for violation of the right to privacy online

The persistent publication and dissemination, on an online newspaper, of an old news story (in this case, a judicial matter concerning an event that occurred about two and a half years before the initiation of the proceedings under Art. 152 of Legislative Decree no. 196 of 2003) goes beyond the legitimate scope of online archiving or storage of journalistic data for historical or editorial purposes. It constitutes a violation of the right to privacy when, given the time elapsed, the public interest in the news can no longer be considered relevant. 

Judicial chronicle in Pescara: family dispute between restaurateurs on the seafront

The seafront of Pescara is full of beach resorts, many of which, as often happens in coastal towns, are also restaurants.
One of them is managed by an Abruzzese restaurateur who offers seafood specialties in his beachfront establishment on the northern promenade. Not far away, another seafood restaurant is run by his brother.

Both brothers are restaurateurs and owners of beach resorts, but that is where the similarities end. Between them, there has long been bad blood due to economic disputes.

Property conflict between brothers and causes of the legal dispute

The two brothers co-own a building in central Pescara and have been arguing for years over its management—each wanting the larger and more valuable share. One evening in March, when the promenade was not yet crowded with tourists but the restaurants were full of patrons, the two brothers finally confronted each other. The second decided to go to the first’s restaurant to settle the matter once and for all. The tones grew heated, and their children stepped in to defend their respective fathers.

Neither was willing to back down.

Brawl between restaurateur brothers in Pescara: from quarrel to stabbing

Tempers flared, and the argument escalated into a fight. Their sons joined in, fueling the clash instead of calming it down, until one of the brothers drew a knife and stabbed the other in the stomach.

The police and ambulance were immediately called, and all four men—both brothers and their sons—were taken to the station. The police chief, tasked with the investigation, decided to give the quarrelsome brothers a lesson in the hope of ending their long-standing feud.

Closure of restaurants ordered by the Police Commissioner for public order reasons

The Commissioner ordered the closure of both establishments for twenty days to allow tempers to cool and encourage reconciliation.

But the news did not go unnoticed. A local online newspaper reported the incident, spreading it quickly around Pescara. After fighting his brother in court, one of them also decided to seek justice against the newspaper’s editors.

Chieti Court: publisher held liable for violation of privacy

The Chieti Court ordered the publisher of a local newspaper to comply with Art. 7 of Legislative Decree no. 196 of 2003 and awarded compensation for damages, to be quantified equitably. The losing party appealed directly to the Court of Cassation, while the winners defended their case.

Cassation: legal violations concerning personal data processing

The appellants claimed violations of several provisions of Legislative Decree 196/2003 and of the Code of Conduct for journalistic data processing, including improper application of Articles 7, 136, 127, 139, and others, arguing that their reporting fell within the right to report and inform on matters of public interest.

Right to report and limits of data processing: journalistic purpose is not enough

They argued that their actions were legitimate, that the article was properly archived, and that the news remained of public interest. They challenged the application of Art. 7 of Legislative Decree 196/2003 and rejected any reference to the so-called “right to be forgotten.”

Unlawful data processing without consent: Cassation’s ruling

The Court of Cassation rejected the first ground of appeal, holding that the failure to notify the Data Protection Authority did not invalidate the proceedings. Subsequent grounds were also dismissed, with the Court emphasizing that the unlawful processing of personal data consisted not in the content of the article but in the fact that it remained easily and freely accessible online.

Court upholds liability of online newspaper for unlawful dissemination

The Court found that continued access to the article—even after a formal request for removal—constituted unlawful data processing. What mattered was not the accuracy of the news but the fact that it remained freely available long after public interest had faded.

Right to be forgotten online: even a true story can be removed upon request

It was uncontested that Google searches for the restaurant still returned the article, despite a formal removal request. The delay in complying was sufficient to harm the claimants’ privacy and reputation.

The Court stressed that, in the absence of updates or new developments, the public’s right to know must give way to the individual’s right to privacy.

Non-pecuniary damages under Art. 2050 of the Civil Code

Continuing to disseminate the article after a removal request amounted to unlawful data processing, giving rise to liability for damages under Art. 2050 of the Civil Code. Such damages, though non-economic, could be presumed and awarded equitably.

Cassation: two years are enough for public interest in a news story to lapse

According to the Court, the right to privacy must always be safeguarded upon request. Continuing to publish a story despite a removal request constitutes data processing without consent and is therefore unlawful.

The Court deemed a two-year period sufficient for the public interest in a story to fade and confirmed that a judge can order a newspaper to de-index and permanently remove an article.

Prevalence of privacy rights over freedom of the press in de-indexing cases

When requested by the affected party, the right to privacy prevails over the right to report, since ongoing dissemination causes harm that must be compensated by the publisher.

👉 In such cases, the assistance of a lawyer specialized in privacy law and the right to be forgotten is crucial to protect one’s reputation and obtain removal of harmful content.

Privacy violations in online newspapers in Abruzzo: a similar case of damages

A similar case occurred in Abruzzo: two individuals arrested for extortion were later cleared of all charges, yet a local newspaper left the article about their arrest online without updating it with the favorable outcome.

The two successfully obtained removal of the article and were awarded compensation for damages to their reputation and privacy.

✅ If you believe your privacy or online reputation has been harmed by outdated or unlawful news articles, as a lawyer specialized in privacy law I can assist you in seeking removal of the content and obtaining fair compensation.