الحق في النسيان الرقمي بالمغرب: مرافعة قانونية وأخلاقية للتأسيس لحق النسيان في التشريع المغربي

Abstract

This study examines the "Right to be Forgotten" as a fundamental mechanism for protecting private life against the eternity of technological memory and the excesses of digital media practices in Morocco. The research problem lies in identifying the gap between the Moroccan legal framework (Law 08-09) and a digital reality characterized by the algorithmic dominance of global search engines, making this right "inferred" from general texts lacking procedural efficiency. Adopting analytical and comparative methodologies, the study deconstructs the legal and ethical foundations of this right, advocating for its recognition as a "Right to Digital Repentance" and an integral part of human dignity. The study concludes that protecting Moroccan citizens in cyberspace requires a legislative update that recognizes "Digital Prescription" and empowers national authorities with legal tools to enforce "De-indexing," ensuring a balance between the right to information and the individual's right to a fresh start, free from the stigma of an electronic past.