A negative news story in Italian can follow you around the internet, even if you live abroad or only did business in Italy for a short time. Italy has some of Europe’s more developed rules on the right to be forgotten, but they do not work like a delete button. This guide explains what the law covers and what is realistic.
Press freedom and privacy: how Italian law weighs them
Italy protects the right to report news that is true, of public interest and presented fairly. It also recognises a right to be forgotten, based on the idea that old news can lose its public interest over time, especially for private individuals. Courts look at several factors: whether the report is accurate, how much time has passed, whether you hold a public role, and whether the story is still newsworthy. There is no fixed number of years after which an article must go.
GDPR Article 17 and the Garante
Because Italy is in the EU, Article 17 of the GDPR gives people a right to erasure of personal data, but with an exception for freedom of expression and information. The Italian data protection authority, the Garante per la protezione dei dati personali, deals mainly with search engines, meaning how an article is linked to your name in search results. The rules can apply to foreign search engine operators serving Italian users.
Delisting versus deleting
These two outcomes are often confused. Delisting means an article no longer appears when someone searches your name, while it stays on the publisher’s site. Deleting means the content is removed at the source. According to Italy’s Court of Cassation, the Garante can address delisting, while ordering a newspaper to delete an archived article generally needs a court decision, usually where the story was false or defamatory.
The Cartabia reform for people cleared in criminal cases
Legislative Decree 150/2022, known as the Cartabia reform, added Article 64-ter to the implementing rules of the Code of Criminal Procedure. It applies to people who were acquitted, whose case was dismissed, or whose case was archived. The court decision can carry a note confirming their right to ask for delisting, within the limits of GDPR Article 17. It helps people whose names were linked to a case that ended in their favour, but it does not erase articles already published.
Defamation and the right of correction
If an article states false facts, other rules apply. Defamation is a crime under Article 595 of the Italian Criminal Code, with a heavier penalty range when it is committed through the press or other public media. Registered publications are also subject to a right of correction under the Press Law (Law 47/1948). These routes need clear evidence, and tough but truthful reporting is not defamation.
What to realistically expect
A true, recent story of public interest is unlikely to disappear. Chances improve when a lot of time has passed, when the case ended in your favour, when you are not a public figure, or when the article is inaccurate. Often the practical goal is not deletion but reducing visibility and building accurate, positive results that show who you are today. No credible provider can guarantee an outcome.
This is general information, not legal advice. Laws and case law change, and every situation is different, so speak to a lawyer who specialises in privacy and media law about your own case.
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