Right to be forgotten? Why it’s difficult to erase digital history

A reader, whom we shall call Ms K, recently requested the Public Editor to delete a story in which she is adversely mentioned from one of the Nation Media Group’s websites.

She says the article, published in 2019, continues to impact her negatively: “Despite the passage of time and efforts to move forward, this content is repeatedly resurfacing in ways that affect my emotional well-being, damage my professional relationships and hinder opportunities for growth. I understand and respect the value of transparency and public access to information. However, in this case, the continued availability of this outdated content is serving no constructive purpose and is causing ongoing harm. I have worked very hard to rebuild my life, and I kindly ask for your compassion in helping me put this chapter behind me. Please consider removing this content from your site.”

NMG editors often receive similar requests from people wishing to erase their unpleasant, sometimes embarrassing digital footprints. The question is: Do people who are subjects of media coverage have a right to have their deeds erased or “forgotten” from the digital sphere?

Some of the requests or demands quote the Data Protection Act, which grants data subjects the right to erasure, also known as the “right to be forgotten”. But the Act allows retention of information if it is in the public interest.

Accurate records of history

The media argues that removing information from digital platforms on the strength of data protection laws undermines its duty to keep accurate records of history. There is a danger of rewriting history and altering the public record, which distorts reality.

We put Ms K’s case before NMG’s legal department, and this was the response: “We have read the request and reviewed the article in question, together with NMG's Standard Operating Procedures (SOPs) on unpublishing of stories. In our opinion, we cannot grant the request for the following reasons: (1) The article was a fair and accurate report of judicial proceedings involving Ms K. She has not disputed the truth or fairness of the report, and there is no indication that what was published was erroneous in any way. (2) The article is part of our permanent historical public record, which is of use not only to us but to the public at large and is maintained in the public interest. (3) The SOPs permit unpublishing stories only in the rare case where either children are involved or there is real damage to the subject of the story. We do not see that as the case here. (4) Finally, while we appreciate the embarrassment caused to Ms K due to the continued availability of the article, she has not indicated or evidenced that she has suffered significant harm from the same, which would be a mitigating factor.”

The legal department concludes that such requests are not a matter of personal discretion, but are considered against policies and standards that are meant to ensure our credibility as a media house.

As the department states, articles occasionally get expunged from the NMG websites. But this is done only according to the SOPs, which outline the process for review of such content and the decision to expunge it. The editor-in-chief must authorise the removal. Staff who violate these SOPs face dire consequences, including summary dismissal.

Unpublish an article

Only a court order can compel a media house to unpublish an article. However, even if one were to obtain a court order to delete an article, it would not be sufficient to rely only on the media to erase one’s digital footprint. The archives are elsewhere, the article never quite goes away. Like with the good old newspaper, once an article is published, it remains in the archives. The public record contains people’s regrettable pasts, and there’s no running away from this. You cannot undo a past you created. It is tantamount to dancing naked in the public square but expecting not to be remembered.

While individuals like Ms K find themselves in awkward positions because their stories made it to the media, there are thousands whose digital footprint tribulations are self-inflicted. The content they share on social media platforms returns to haunt them at an unexpected time.

Take the powerful country that is now demanding visa applicants’ social media handles. Or the members’ clubs that will not admit one before their social media accounts have been scrutinised. Nearly all employers are reviewing individuals’ digital footprints before hiring them.

The Internet is a public space, and using public spaces requires accountability and personal discipline.

The Last Word indeed

NTV’s new show, The Last Word, treated audiences to a breath of fresh air. The show lived up to its promise of serving facts, data and the truth.

No doubt, the producers and hosts have retreated to take in comments from the audience with the intent of making it better and more impactful next week. Here’s some feedback:

The opening statements, the “hot buttons”, were too long. It was, however, refreshing that two of the issues that featured in this section were not the “obvious” protests and police brutality. Joe Ageyo’s displeasure with reports of interns being co-opted into corruption schemes in the counties was an important issue that had been tucked away in the county pages of the Daily Nation. Also fresh was James Smart’s commentary on the plans for a nuclear plant. Moving away from the “big issue” of the day to focus on other important matters affecting citizens is the way to go.

The live audience on the show got a raw deal. It would be good to see better involvement of those in the studio. In this instance, the live audience was treated like a stage prop, brought in only briefly.

Lastly, the show went on for too long. At such a late hour, the concentration span of the audiences is short.

Overall, a great start. We can’t wait for next week’s.

Contact the Public Editor to raise ethical concerns or request a review of published material. Reach out: Email: [email protected]. Mobile Number: 0741978786 Twitter and linkedin: PublicEditorNMG