Honoralia has managed to get Amazon to remove the identification of a person with a completed sentence from a series.
Online reputation lawyers
Amazon and Mediaset
Counterparts
Streaming platform and production company
Scope of operation
Right to honour and right to be forgotten
Material
Series modification and fragment withdrawal
Result
Case summary
The client had been convicted of attempted murder committed at the end of the last century.
Following the full completion of his sentence, his criminal record was expunged, and he managed to have Google and various media outlets acknowledge his right to be forgotten, reducing the public link between his identity and those facts.
However, in 2023, a series was released on Amazon that used his first and last name when referencing the old criminal case, once again exposing his identity to a wide audience.
What problem did the series cause?
The production was once again publicly associating the client with events that occurred decades ago, for which they had already served their imposed sentence.
The appearance of his full name could affect his honour, his privacy, his reputation and his reintegration process, despite the time elapsed and the expungement of his criminal record.
Furthermore, this new dissemination reduced the effectiveness of previous "right to be forgotten" actions that had already been carried out against search engines and digital media.
How was the case resolved?
Following Honoralia's complaints, the responsible companies agreed to modify the content.
The series was edited and the fragment where the client's name appeared was removed, preventing them from continuing to be identified and directly associated with the old criminal proceedings.
The dispute could have been resolved amicably, without needing to initiate legal proceedings, and with a satisfactory outcome for the affected party.
The serving of a sentence and the passage of time should be taken into account when an audiovisual production publicly revisits past events and identifies those involved.
The right to be forgotten in audiovisual content refers to the right of individuals to request the removal or de-indexing of certain audiovisual materials that contain personal information about them, under specific legal conditions. This often applies when the information is no longer necessary, is outdated, or infringes upon an individual's privacy rights.
The right to be forgotten allows the dissemination of personal information to be limited when, due to the passage of time and the circumstances of the case, its continued existence causes disproportionate harm.
Although this right is usually exercised against search engines and digital media, it can also be relevant when films, documentaries or series revisit old events and identify individuals who have already fulfilled their legal responsibilities.
This does not necessarily mean that historical events cannot be dealt with, but rather that it must be analysed whether it is necessary to directly identify the person affected.
Why is this case significant?
This case shows that the right to be forgotten can also be invoked against streaming platforms and audiovisual production companies.
The release of a series can reawaken public interest in something that seemed to be forgotten, and reacquaint a person with events that happened many years ago.
It also highlights the importance of valuing social reintegration, the expungement of criminal records, the time elapsed, and the current public interest in maintaining full identification of the person concerned.
Honoralia's work
Honoralia's legal team studied the audiovisual production, reviewed the case background, and prepared claims directed at Amazon and Mediaset.
The strategy focused on proving that the client had served their sentence, that their record had been expunged, and that the appearance of their name was causing new reputational damage.
The intervention allowed an amicable solution to be reached and the series to be modified without the need to go to court.
Case file
Customer
Area
Online reputation and the right to honour
Service
The right to be forgotten in relation to audiovisual production
Background
Sentence served and criminal record expunged
Resolution
Amicable settlement without court proceedings
Impact
Reintegration protection and reputational damage reduction
Case process
1
Appearance detection
The client discovers that a series released on Amazon shows their full name when recalling an old criminal case.
2
Legal analysis
Honoralia studies the content and assesses the time elapsed, the completion of the sentence, and the expungement of criminal records.
3
Claim to Amazon
A formal request is being made to the platform responsible for hosting and distributing the series.
4
Claim to Mediaset
A second claim is filed with the production company to request a change in content.
5
Fragment removal
The series is edited and the part that allowed the client to be directly identified has been removed.
Legal and practical impact
Protect social reintegration
A person who has served their sentence should be able to rebuild their life without being indefinitely tied to their past actions.
Extend the right to be forgotten
Protection can also be applied to series, documentaries, and other audiovisual content.
Reduce reputational damage
The removal of the name prevents the production from directly re-exposing the affected party.
Favours friendly solutions
A well-founded legal claim can achieve a modification of the content without the need to go to court.
We protect your identity from audiovisual content
If a series, documentary, programme or publication relates you to old facts that harm your reputation, Honoralia can help you request its anonymisation, modification or withdrawal.