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European initiative for strengthening citizens Right to be forgotten receives further support from public institutions

LAWEuropean initiative for strengthening citizens Right to be forgotten receives further support from public institutions

In Europe, including Poland, disinformation has become a crucial issue impacting both communities and individuals. Eurobarometer study shows that false or misleading media information poses a serious concern for 45 % of EU citizens. In the face of this growing threat, the European Union must invest in high-quality journalism and fact-checking tools, urges Robert Szustkowski – author of the European initiative to expand the Right to be Forgotten directive to include media entities as data collectors. This position is supported by a recent ruling of the Polish Supreme Administrative Court (NSA), which confirmed that the Right to be Forgotten, as established by the GDPR, is an autonomous legal basis for requesting the removal of data from digital publications.

According to the 2022 Eurobarometer survey, one in three EU citizens regularly encounters false content. Globally, 60% of people express concern over their ability to distinguish between true and false information online. “In response to the increasing threat of disinformation, the EU must adopt legal measures to better protect citizens from fake news. Only quality and responsible journalism can fill the gap currently occupied by unaccountable social media platforms” – emphasizes Robert Szustkowski.

Exploiting regulatory loopholes and the capabilities of digital platforms, various entities and individuals benefit from sensationalist content related to health, immigration, EU politics, and emotionally charged narratives about public figures and businesses. This raises serious concerns about the digital future of Europe and Poland.

Disinformation has become a political tool capable of shaping public opinion both locally and globally. As Gillian Tett, a prominent Financial Times columnist, points out, leaders should support initiatives aimed at combating online disinformation. This is not about suppressing freedom of speech, but rather “introducing safeguards against abusive activism and supporting fact-checking social platforms.”

The Poland’s Supreme Court ruling and the EU’s DSA directive align with Szustkowski’s recommendations

Robert Szustkowski — philanthropist and social activist — has proposed an initiative that aims to counter the disinformation crisis through systemic changes. Endorsed by European Commission officials, the initiative is designed to enhance citizen protection and improve the EU’s ability to respond to digital misinformation. Noting gaps in privacy and reputation protection, Szustkowski has initiated dialogue with the European Commission about extending the Right to be Forgotten to include media outlets as data controllers. His proposal includes the creation of a register for violations of personal rights and the appointment of a Reader’s Rights Ombudsman to assist victims of false information by providing a standardized complaint submission form.

In addition to this civic initiative, several key EU efforts are already underway. These include national branches of the European Digital Media Observatory (EDMO), which coordinate fact-checking activities across member states. Another vital mechanism is the Digital Services Act (DSA), which obligates digital platforms to monitor and remove illegal content and curb the spread of disinformation. Under the DSA, EU citizens will have the right to request the removal of unlawful content through an administrative process.

Similarly, the ruling by the Polish Supreme Administrative Court (NSA) reinforces the rights of individuals who seek to have false or outdated data removed from digital media archives. The court emphasized that if the processing of personal data is no longer necessary, the Right to be Forgotten should apply. *

AI and the Spread of Disinformation

One of the key drivers of disinformation is the increasing use of artificial intelligence (AI). This technology enables the rapid creation and dissemination of manipulated content, including deepfakes, bots, and fake accounts, which can significantly influence public opinion, distort facts, and damage reputations. “AI tools are accelerating the spread of disinformation and altering social perceptions,” warns Wojciech Głażewski, Director of Check Point Software Technologies in Poland.

Experts recommend verifying sources and comparing information with official statements. However, much of the responsibility lies with reputable media outlets, which must implement internal fact-checking protocols — such as those proposed in Szustkowski’s initiative to the European Commission.

Poland’s Legislative Challenge

Poland should also accelerate legislative efforts to protect citizens from defamation and disinformation. However, as Szustkowski notes, legislation alone is not enough. A key element in combating disinformation is civic education that teaches people how to recognize and avoid false content. Already in 2020, a Eurobarometer survey revealed that 71% of Europeans encounter disinformation, and most believe its rapid spread poses a serious threat to democracy.

Source:

  1. Gillian Tett ‘’Five ways to fix the knowledge crisis’’ (Financial Times Society, 24.01.2025, https://www.ft.com/content/b4de95a2-c0da-4de8-8ad4-097f0d045633 ).
  2. The Marque – https://www.themarque.com/profile/robert-szustkowski
  3. Rzeczpospolita: (https://www.rp.pl/dane-osobowe/art42415621-mozna-zadac-prawa-do-bycia-zapomnianym-takze-w-cyfrowych-archiwach-prasowych )
  4. Eurobarometer study 2022
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