Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Cell C cleans up its balance sheet but faces tough trading reality

      Cell C cleans up its balance sheet but faces tough trading reality

      13 February 2026
      MVNO business shines in Cell C's first post-listing results - Jorges Mendes

      MVNO business shines in Cell C’s first post-listing results

      13 February 2026
      Ramaphosa presses ahead with Eskom break-up - Cyril Ramaphosa

      Ramaphosa presses ahead with Eskom break-up

      13 February 2026
      The key technology takeaways from Ramaphosa's 2026 Sona - Cyril Ramaphosa

      The key technology takeaways from Ramaphosa’s 2026 Sona

      13 February 2026
      Toyota SA CEO: NEV inaction will cost South Africa its motoring industry - Andrew Kirby

      Toyota SA CEO: NEV inaction will cost South Africa its motoring industry

      12 February 2026
    • World
      Russia bans WhatsApp

      Russia bans WhatsApp

      12 February 2026
      EU regulators take aim at WhatsApp

      EU regulators take aim at WhatsApp

      9 February 2026
      Musk hits brakes on Mars mission

      Musk hits brakes on Mars mission

      9 February 2026
      Crypto firm accidentally sends R700-billion in bitcoin to its users

      Crypto firm accidentally sends R700-billion in bitcoin to its users

      8 February 2026
      AI won't replace software, says Nvidia CEO amid market rout - Jensen Huang

      AI won’t replace software, says Nvidia CEO amid market rout

      4 February 2026
    • In-depth
      How liberalisation is rewiring South Africa's power sector

      How liberalisation is rewiring South Africa’s power sector

      21 January 2026
      The top-performing South African tech shares of 2025

      The top-performing South African tech shares of 2025

      12 January 2026
      Digital authoritarianism grows as African states normalise internet blackouts

      Digital authoritarianism grows as African states normalise internet blackouts

      19 December 2025
      TechCentral's South African Newsmakers of 2025

      TechCentral’s South African Newsmakers of 2025

      18 December 2025
      Black Friday goes digital in South Africa as online spending surges to record high

      Black Friday goes digital in South Africa as online spending surges to record high

      4 December 2025
    • TCS
      Watts & Wheels S1E4: 'We drive an electric Uber'

      Watts & Wheels S1E4: ‘We drive an electric Uber’

      10 February 2026
      TCS+ | How Cloud On Demand is helping SA businesses succeed in the cloud - Xhenia Rhode, Dion Kalicharan

      TCS+ | Cloud On Demand and Consnet: inside a real-world AWS partner success story

      30 January 2026
      Watts & Wheels S1E4: 'We drive an electric Uber'

      Watts & Wheels S1E3: ‘BYD’s Corolla Cross challenger’

      30 January 2026
      Watts & Wheels S1E4: 'We drive an electric Uber'

      Watts & Wheels S1E2: ‘China attacks, BMW digs in, Toyota’s sublime supercar’

      23 January 2026

      TCS+ | Why cybersecurity is becoming a competitive advantage for SA businesses

      20 January 2026
    • Opinion
      A million reasons monopolies don't work - Duncan McLeod

      A million reasons monopolies don’t work

      10 February 2026
      Eskom unbundling U-turn threatens to undo hard-won electricity gains - Busi Mavuso

      Eskom unbundling U-turn threatens to undo hard-won electricity gains

      9 February 2026
      South Africa's skills advantage is being overlooked at home - Richard Firth

      South Africa’s skills advantage is being overlooked at home

      29 January 2026
      Why Elon Musk's Starlink is a 'hard no' for me - Songezo Zibi

      Why Elon Musk’s Starlink is a ‘hard no’ for me

      26 January 2026
      A million reasons monopolies don't work - Duncan McLeod

      South Africa’s new fibre broadband battle

      20 January 2026
    • Company Hubs
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • AvertITD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » Opinion » Alistair Fairweather » Court ruling invites Google as censor

    Court ruling invites Google as censor

    By Alistair Fairweather7 July 2014
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    Alistair-Fairweather-180-profileWhich is more important to you, your right to freedom of speech or your right to privacy? Would you rather have the ability to control what is said about you or the ability to speak openly about contentious subjects? A fascinating collision between these rights is currently under way in the European Union (EU).

    On 13 May, the European court of justice (ECJ), the highest court in the EU, ruled in favour of Costeja González and against Google. González  asked the search engine giant to remove some unflattering links from the results that appeared when anyone searched for his name. Google refused, and so he took the company to court.

    We can all sympathise with González. When his home was repossessed in 1998, a notice appeared in a local paper and on its website. Most people would want to forget such an unpleasant and embarrassing event as soon as possible. But Google’s results continued to remind the world of the repossession more than a decade later.

    With its ruling, the ECJ effectively created a new legal right — the right to be forgotten. Since the ruling, tens of thousands of requests for removals have been pouring into the system that Google has set up for their handling. But the current solution is both deeply problematic and impractical.

    For starters, González only sued Google when the body that regulates privacy in Spain refused to order the newspaper, La Vanguardia, to remove the page. To do so, it ruled, would be tantamount to censoring the press. And so the ECJ has sided with González and shot the messenger instead.

    Google search is, after all, just an index of the Internet. To call what it does “publishing” is to fundamentally misunderstand the nature of the Internet. Google provides a map to the information; it does not own or control that information itself. It’s like blaming your car’s GPS when you get into a traffic accident. “You told me to turn here! It’s your fault!”

    Unfortunately, the way Google has chosen to enforce the new right is only adding to the confusion. In the last week, website owners in the EU have begun receiving vague notices that some pages on their sites will no longer appear in results for “certain searches on European versions of Google”. So they know which pages are affected but not why.

    This vagueness sparked a minor panic in the British press. The BBC’s economics editor lamented that Google “cast me into oblivion” by removing one of his blog posts from its index. The Daily Mail, true to hysterical form, compared Google’s actions to “burning books in a library”.

    But these reactions are overblown. Google has not removed the pages from its index entirely. It has only removed them in response to specific searches. So while searching “Costeja González” will no longer find the page that started this landslide, searching for any other phrase on that page will still find it.

    What’s more, this removal is limited to EU versions of the Google index. Anyone using the US version of the search engine will see the complete and uncensored results. This makes any remedy strictly palliative. Anyone with an ounce of computer skills will easily be able to circumvent the censorship.

    And while the ECJ ruling doesn’t amount to censorship of the press in the strictest sense (since the pages themselves still exist on the Internet), it does open the door to worrying abuses. There’s nothing to stop crooked politicians or career criminals from making requests to Google.

    As James Ball of the Guardian puts it: “The ruling has created a stopwatch on free expression — our journalism can be found only until someone asks for it to be hidden.”

    Part of the problem is that Google has chosen to assess all the requests internally. This is probably an attempt to limit regulatory interference in its day-to-day business to an absolute minimum. But by doing so, it has become the final arbiter on what deserves to be censored from its results.

    Such calls need to be made by a state-appointed regulator. This will be slower and more painful for both the requesters and for Google, but the alternative is too problematic. These removals, even in their limited forms, are a direct contradiction of the rights to freedom of speech and freedom of the press. To have a private company making these decisions via an opaque process is to invite a legal, ethical and practical disaster.

    The root of this problem is the ECJ’s broad and impractical ruling. Its intentions were good, but the unintended consequences of its decision will cause more problems than it solves. Case in point, again, is González. His very public legal battle has ensured that, instead of one page, there are now thousands of pages about his embarrassing past.

    Google has become the final arbiter on what deserves to be censored from its results, says the writer
    Google has become the final arbiter on what deserves to be censored from its results, says the writer

    The Internet is a fundamentally open medium. Attempts to restrict or censor it can never be entirely effective. Even centralised autocracies like China cannot completely control the flow of information across borders. And the surest way to draw attention to any information, however sensitive, is to try to hide it. Just ask Edward Snowden.

    Does that mean people such as González must continue to suffer the indignities of their pasts forever? No, but the process of seeking remedy needs to be radically overhauled. Filling in a form on a web page to be reviewed in secret by a private company is not sufficiently transparent or rigorous. Not when the potential consequences are so wide reaching and serious.

    We all deserve the right to be forgotten, but with that right comes a responsibility. We must be able to prove, conclusively, that our request is not against the public interest. When in any doubt, regulators must rule in favour of freedom of speech. Any other standard will only lead to much more serious problems than the mild embarrassment of a single person.  — (c) 2014 Mail & Guardian

    • Alistair Fairweather is chief technology officer at the Mail & Guardian
    • Visit the Mail & Guardian Online, the smart news source


    Alistair Fairweather Costeja González Edward Snowden Google
    WhatsApp YouTube Follow on Google News Add as preferred source on Google
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleDFA secures R3,5bn in debt financing
    Next Article Telkom rubbishes jobs bloodbath claim

    Related Posts

    Dr Google, meet Dr Chatbot - neither is ready to see you now

    Dr Google, meet Dr Chatbot – neither is ready to see you now

    10 February 2026
    AI chatbots are coming to Apple CarPlay

    AI chatbots are coming to Apple CarPlay

    8 February 2026
    From stocks to crypto, markets reel as AI doubts grow

    From stocks to crypto, markets reel as AI doubts grow

    6 February 2026
    Company News
    Cell C delivers maiden results with growth momentum, financial flexibility - Jorges Mendes

    Cell C delivers maiden results with growth momentum, financial flexibility

    13 February 2026
    Start-up king joins Paratus Rwanda - Innocent Mutimura

    Start-up king joins Paratus Rwanda

    13 February 2026
    How NEC XON tackled identity risk for a major telco - Michael de Neuilly Rice

    How NEC XON tackled identity risk for a major telco

    11 February 2026
    Opinion
    A million reasons monopolies don't work - Duncan McLeod

    A million reasons monopolies don’t work

    10 February 2026
    Eskom unbundling U-turn threatens to undo hard-won electricity gains - Busi Mavuso

    Eskom unbundling U-turn threatens to undo hard-won electricity gains

    9 February 2026
    South Africa's skills advantage is being overlooked at home - Richard Firth

    South Africa’s skills advantage is being overlooked at home

    29 January 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Cell C cleans up its balance sheet but faces tough trading reality

    Cell C cleans up its balance sheet but faces tough trading reality

    13 February 2026
    MVNO business shines in Cell C's first post-listing results - Jorges Mendes

    MVNO business shines in Cell C’s first post-listing results

    13 February 2026
    Ramaphosa presses ahead with Eskom break-up - Cyril Ramaphosa

    Ramaphosa presses ahead with Eskom break-up

    13 February 2026
    The key technology takeaways from Ramaphosa's 2026 Sona - Cyril Ramaphosa

    The key technology takeaways from Ramaphosa’s 2026 Sona

    13 February 2026
    © 2009 - 2026 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}