Miami (July 2, 2026) — The Inter American Press Association (IAPA) expressed concern over a recent decision by Peru’s Constitutional Court ordering Empresa Editora El Comercio to remove three news articles published in October 2014, on the grounds that they violate the plaintiff’s right to be forgotten, honor, and informational self-determination. The hemispheric organization described the measure as excessive and potentially dangerous for press freedom and the online historical record.
The ruling, made public on June 30 through Judgment 144/2026, upheld a habeas data petition filed by Lorena Bellina Schrader—then an advisor to the Ministry of Agriculture—who had been linked in those reports to the criminal organization known as the Orellana Network, based on testimony from a witness before a congressional investigative commission. A subsequent official report did not attribute any responsibility to her. Although the newspaper added updates to the articles, the Court deemed them insufficient. According to specialized reports, because of that coverage, the plaintiff was dismissed from her position.
IAPA President Pierre Manigault stated that while the impact of outdated information is not ignored, he questioned that “the solution was to delete the content, rather than apply measures that limit its dissemination without eliminating it.” Manigault, president of Evening Post Publishing Inc., in Charleston, South Carolina, United States, added that the Constitutional Court’s decision is “excessive and potentially dangerous for press freedom and the online historical record.”
For her part, Martha Ramos, chair of the IAPA’s Committee on Freedom of the Press and Information, emphasized that less restrictive alternatives exist, such as incorporating more visible updates, which protect individuals without removing journalistic content. Ramos, editorial director of Organización Editorial Mexicana (OEM), stated that “if old content begins to be erased, it could weaken the historical record and the role of the press in monitoring issues of public interest.” She also warned that such decisions could open the door to similar requests, increasing tension between the right to be forgotten and freedom of information.
The IAPA recalled that the Declaration of Salta II establishes in its tenth principle: “The suppression or de-indexing of information on matters of public interest undermines the citizens' right to be informed and preserve collective memory. Protecting personal data and privacy are fundamental rights, but they should not restrict or limit the circulation of information of public interest.”
The IAPA is a non-profit organization dedicated to defending and promoting freedom of the press and expression in the Americas. It comprises more than 1,300 publications from the western hemisphere and is based in Miami, Florida, United States.