May 25, 2018，EU's "General Data Protection Regulation) officially effective。The new regulations give individuals a new right- "The right to be forgotten and to elasure，Data main body has the right to request data controller to delete data information related to its individuals，and prevent the further spread of personal data。Most of the subsequent research will be merged with the right to be forgotten with the deletion right，collectively referred to as "the right to be forgotten"。

After being forgotten, it has caused fierce discussion in the European and American academic and judicial circles，The biggest point of the controversy is the conflict between being forgotten and the right to speak free。Many jurists proposed，If the right to forgotten is strictly implemented，Individuals have the right to delete not good words to yourself，This is bound to impact the right to speech freedom。How to balance the freedom of forgotten and freedom of speech becomes the difficulty of the research of the right to privacy in the Internet era。

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Judge Robert Post thinks，Privacy rights have two aspects of personality dignity and personal freedom。Europe's privacy protection has always resorted to the protection of personality dignity。Forgotten power is the continuation of the consistent legal tradition of protecting personality dignity in Europe。The earliest theory of privacy in the world is European countries。1791，Jerome Péting, then the mayor of Paris, put forward the request to protect the privacy of citizens when participating in drafting the French Constitution。Jerom admit，The right to speech of the news media is indispensable Bet365 lotto review for democratic politics，But he also saw the threat of the news media on personal privacy。Georom's proposal，For the precious individual freedom to protect the French Revolution, it will not be destroyed，It is necessary to conduct legal intervention on the media's invasion of personal privacy。

James Q. Whitman defines the core connotation of European privacy as "an individual's right to the image of the public in front of the public"。Personal public image protection was originally limited to the noble class of Europe，Early more famous privacy infringement cases are concentrated in high society，As Princess Monaco、British royal family、Duke of France, etc.。A series of privacy infringement cases define the nature of European privacy protection as the right to personal honor，The connotation of rights supported by law mainly focuses on personality dignity，Especially the reputation of famous public figures and nobles。The development of privacy later in Europe has gradually expanded the subject of the rights from the upper population to the ordinary public，That is to say, the protection of the person's personality and dignity rose to the height of Qiping with the nobles。between the personality dignity of personal privacy and the freedom of speech claimed by the democratic system，European traditions generally tend to the former。The characteristics of privacy protection in Europe are in Europe that the tradition of protecting personal honor for a long time，It is also related to the history of war in modern Europe。Many scholars think，Two World Wars originated in Europe's trample on ordinary human personality dignity，make Europeans more cherish personal dignity than ever。

The power of forgotten also upholds the spirit of protecting personal privacy and personality dignity in Europe。"General Data Protection Regulations" stipulates that three types of personal data bet365 Play online games can be deleted: no necessary data，Data main body no longer agrees with data information，and other situations that violate the EU personal information protection regulations，If data rights about minors, etc.。Where，The authorization of the data subject is the key to measure whether the data needs to be deleted。EU's data protection regulations are still formulated according to the role of personal information for personal image。For example, Google's Corporation Loin Salez Case，EU courts put the relevant results list of "Name" as the keywords on the Google search engine into the category of "personal information"，The court determined that the search results made improper "personality portraits"，and accordingly, it is sentenced to delete related search links in Google。In this case，The judgment basis of the EU court is to protect the protection of information on personality dignity，The legal significance of being forgotten is that its protective personality is complete and unbroken。

　　Freedom of speech of constitutional guarantee

1890 Boston lawyer Warren and Brandeis tried to introduce European privacy to the United States，To fight against news media invasion of privacy。The United States at the end of the 19th century is the pornographic period of yellow news，Newspaper reports at that time were mostly sensationalist，A large number of reports that attract eye -catching social news and criminal news，Celebrity privacy becomes the object of news consumption。Valren, who was born in Wang, suffered from newspapers and photographers' invasion of private life，But there is no way to file a legal appeal。Vallen and Branus are dissatisfied with the law of the United States about reputation infringement at that time。They think，US laws cannot provide legal relief for the emotional pain caused by privacy violations，So they tried to quote bet365 Play online games Europe's privacy theory for protecting personality dignity to enrich the legal system of the United States。

The development of privacy in the United States is not as good as Vallen and Branus, which fully adopts European personality protection practices，Cultural genes in the United States are inherited by another tradition -theory of liberal protection of freedom of speech。In the theoretical vision of American liberalism，The government is imagined as a public institution with natural evil，People need to beware of the abuse of government power。Media as a social role that monitor government power，As an important guarantee for American democracy。In the eyes of liberals，The government is the enemy of freedom of citizen，The public needs to jointly fight the government with the media，Prevent public power from corruption and deterioration。Media freedom is the foundation for the founder of the United States to build a free social structure，Jefferson regards free news media as the foundation of a democratic society。The Federal Constitution "First Amendment" reflects the theoretical vision of American liberalism，The freedom of protection is the spiritual temperament that is different from European law from Europe。

Political preferences that guarantee freedom of speech in the United States Constitution and Legal Relief Demand for privacy infringement often cause conflicts。In the case of privacy infringement，American courts generally tend to support expressing freedom，instead of protecting individual personality dignity，Because the former has the social value protected by the US constitution。In the tailoring of specific cases，The trial basis of the court is often "news value"，Not personal dignity。In the widely cited "Florida Star Case"，The newspaper disclosed the real name of the victim when reporting the rape，Florida District Court bet365 best casino games ruled that privacy infringement was established，The Supreme Court of the United States overthrows the judgment of the District Court on the grounds that the case involves public interests。The tradition of the judgment of the Supreme Court follows the freedom of the news of liberalism。In this tradition，The news value based on professionalism is a technical tool for the media to play the function of liberal protection.。When involving the public's knowledge rights and interests，News value is usually greater than the value of personal privacy protection。

　Balance of freedom of speech and privacy protection

To the Internet era，The United States extends the legal tendency to protect freedom of speech to network service providers with some media attributes，and Europe continues to maintain the tradition of paying attention to personality dignity and personal privacy protection。The differences in privacy culture in Europe and the United States have caused many debates，This has also triggered a conflict between relevant legal judgment、International trade friction and cross -cultural value collision。In Germany，Because Microsoft's failure to stop the synthetic nude photos of tennis stars was disseminated online。French models sue the website for storing their nude pictures，Causes the website bankruptcy。In the United States，Similar lawsuits usually do not always be able to obtain the results of maintaining personal privacy rights。U.S. Congress passed the law in the early days of the development of the Internet，It is forbidden to impose responsibilities in network service providers。The spread of nude photos，The ban on proposal proposed by the parties is refused by the US court on the Internet that it can be seen everywhere on the Internet.。

When weighing privacy and freedom of speech，Cases that support privacy protection in the United States。In the case of the Bet365 lotto review Journalism of the Journalism of the Journalism of the US Department of Justice，Columbia Broadcasting Corporation (CBS) in accordance with the "Information Law of Information" requires the Federal Investigation Bureau to announce the personal criminal records they control。Although the Columbia Broadcasting Corporation and Journalism Correspondent Committee filed a lawsuit on the grounds of public interest in the public interest，The court still made a judgment for protecting the personal privacy of criminals。but but，There are not many cases where privacy rights are placed on the freedom of speech in American judicial practice，And the liability for the proof determined by the court is the party that is infringed。and the right to forgotten the new proof responsibility — the transmitter needs to prove the legitimacy of self -evidence and information，That is not infringing personal privacy information。

Europe and the United States are caused by the different liberal traditions of the two caused by the forgotten power，European focus on personality freedom and individual dignity，The United States is biased for freedom of speech and market economy。The forgotten power of Europe seems to be forced output of European values ​​in the United States，and the American -favored Internet giant's approach is characterized by Europeans as the economic priority theory of profitability as the profit is。Legal dispute caused by the mediation of forgotten right，First of all。Next，To balance the tension between the material orientation and the human spirit。The development of the digital economy provides power for technology upgrade，"The right to be forgotten" retains human color for the social structure under the training of technical regulations。How to reasonably regulate the media attributes of the Internet without suppressing network innovation，bet365 Play online games This requires two liberal traditional cooperation。

　(Author Unit: Institute of Journalism and Communication of the Chinese Academy of Social Sciences)