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ECHR Articles 8 and 10: privacy versus expression

Article 8 of the European Convention on Human Rights protects private life and Article 10 freedom of expression; most removal disputes are about balancing the two.

The Strasbourg criteria

Contribution to a debate of general interest; how well known the person is and the subject of the report; prior conduct; content, form and consequences; circumstances in which photos were taken.

In practice

A good removal request addresses each criterion: is the person a public figure, does the story still serve a debate, is the content proportionate.

General information, not legal advice. In real cases we work alongside lawyers who specialise in digital rights.

Frequently asked questions

Do these articles bind platforms directly?

They bind states; courts and platforms apply the balance in their decisions.

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