Argument: People suffer disproportional consequences on the internet

The internet magnifies the problem of embarrassing personal data and makes it very hard for people to manage the consequences. In real life, though we suffer consequences for our embarrassing behaviour (or behaviour others think is embarrassing), we can manage it easier, e.g. by talking to the people involved or as a final resort moving. The internet means the humiliating material is rapidly exposed to millions of people around the world, meaning that people can face humiliation anywhere without an ability to manage it.

There are even cases of young people taking their lives after bullying and cyber-bullying that followed information about them being posted online. The most famous case is that of teenager Amanda Todd, who committed suicide after half-nude photos were posted online – she could not escape ridicule even after she moved schools, because photos remained online [10]. Because real life actions are not enough to manage consequences of humiliating personal data, new ways suitable for the digital sphere have to be created, and that way is the right to be forgotten.

Candidate 1: "People’s digital footprint, though it might be indicative of who a person is, is not a perfect representation of them or of their entire character. People act differently on the internet behind a screen, and sometimes some anonymity, than in real life because they feel free of social norms. But in real life social norms exist and people adhere to them, meaning that their internet activity cannot be directly linked to their real life actions. Finally, we cannot expect people to constantly leave personal data on the internet, which means we cannot get a consistent view of a person’s character or their personal development. E.g. someone’s leaving a racist comment 10 years ago does not mean they are still racist now. All this is not just useless for the judicial process; it can actually harm justice by giving false representations of people, which will lead to unfair convictions (or unfair acquittals). For instance, the defence in the famous Trayvon Martin case used digital photos of Trayvon smoking weed or posing as a gangster to present him as a thug and a threat, even though these photos were typical of how young people present themselves, and had no connection to the actual crime [12]."
Candidate 2: "It all boils down to personal action. People who act embarrassingly in parties should not be surprised that they can be filmed. Likewise, the ‘Star Wars kid’ left the copy of a video in his high school’s film studio where it was found by other teenagers. Even people who become victims of revenge porn at the very beginning were not acting according with good judgement because they themselves organised sexual acts to be filmed or photographed and then given to other people, whom they could have not even known well. Expressing bad judgement does not incur responsibilities on other people and companies to provide you with rights, when other people are doing nothing illegal by re-posting your public material or your public actions.

Moreover, in cases of potential violation of laws, legislation can still be enacted without any kind of Right to be forgotten - California has passed a law combatting revenge porn [9]. It might not be perfect but that is because the issue is pretty novel and in time we’ll learn to deal with it better."
Candidate 3: "The internet is different from reality since the magnitude of consequences you might suffer is much greater. While there might be a school laughing at you over something in real life, on the internet it might be the whole world. We accept ridicule and embarrassment in real life not just because it happens, but also because the effect is not so overwhelming in the majority of cases. People get bored of the news and stop talking, while in the digital era new people can always find you and laugh at you – memories fade, photos and videos online do not. So internet is different from the real life and requires new rules.

Moreover, the right to be forgotten is not applicable to the real life not because of a principle, but because we cannot enforce it. We can’t delete people’s memories. But we can delete information online."
Candidate 4: "People put up all those unflattering things about themselves online without being forced to. Those are true, even if not full, representations of them. But that one-sided representation is exactly how the person wanted to be seen. They always have an option of showcasing a better image of themselves (through photos, videos, blogs, etc.) online, but nobody owes them the right to undo something they themselves freely shared. It might be a mistake they realise later on, but mistakes do not create a right to erase everything about that mistake. Nothing in real worlds works like that – you might have made a mistake by getting to drunk at a company Christmas party, but you can't insist on co-workers pretending that never happened and not telling anyone.

Moreover, there is plenty of information about how to act on the internet [5]. So we should not grant such a right to someone who did not learn how to act on the internet - they'll have to learn the hard way."
Candidate 5: "It is not true that people cannot manage consequences from their action online. It might only seem so but that is because the issues around personal data have emerged relatively recently, so we are still learning to deal with them. Individuals are learning how to manage their personal data online responsibly to make sure such humiliating situations do not occur. There are resources and programmes on how to talk to children about using the internet and other digital devices, including sexting, responsibly [11]. The same way, there are and should be calls for the society to be considerate towards victims of personal data abuse and be less abusive online."
Candidate 6: "We expect people to want to use the right to be forgotten mostly when the information on the web is actually hurting them. That means that, in the most common scenario, people would face negative consequences before they can use the right, otherwise why bother one-self with engaging the legal system? However a lack of responsibility is not a charge that can be levied at everyone, often they just could not foresee the consequences. Being responsible is premised on the idea that you know the results of your actions. When you do not and cannot know them – because maybe that photo will be a problem in 10 years – no amount of thinking about an issue is going to make it better."

It is not true that people cannot manage consequences from their action online. It might only seem so but that is because the issues around personal data have emerged relatively recently, so we are still learning to deal with them. Individuals are learning how to manage their personal data online responsibly to make sure such humiliating situations do not occur. There are resources and programmes on how to talk to children about using the internet and other digital devices, including sexting, responsibly [11]. The same way, there are and should be calls for the society to be considerate towards victims of personal data abuse and be less abusive online.
