Facebook must erase illegal posts worldwide if asked
October 3, 2019
Hosting providers such as Facebook can be ordered to remove remarks identical or equivalent to ones already deemed illegal, the EU's top court says. And the ruling has worldwide implications.
Image: DW/P. Böll
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Online services such as Facebook can be forced to seek out and delete content identical or equivalent to comments that have previously been declared illegal, the European Court of Justice (ECJ) ruled on Thursday.
The ECJ said any order given to a host provider to do so could also be effective worldwide "within the framework of the relevant international law," which ECJ member states should take into account.
The case stems from a suit brought by Eva Glawischnig-Piesczek, the former leader and current parliamentary chair of the Austrian Green party, against Facebook Ireland. Glawischnig-Piesczek was seeking an order that Facebook Ireland remove not only an insulting comment published by a user but also identical or equivalent content, and to have the injunction extended worldwide.
The ruling is in Eva Glawischnig-Pieschek's favorImage: picture-alliance/AP Photo/R. Zak
Online insult
The offending content in her case was a derogatory comment posted by a user alongside an article about her party's support for a minimum wage for refugees.
Thursday's ruling contains the proviso that equivalent content means content that is essentially unchanged with relation to the original comment, so that host providers are not required to carry out an independent assessment and can thus use automated search tools and technologies in their search.
The ECJ's ruling will now form a basis for the Austrian Supreme Court's verdict on Glawischnig-Piesczek's case.
The Austrian politician has hailed the court's decision, calling it a "historic step for the protection of personality rights against internet giants."
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Image: picture-alliance/dpa/W. Kastl
Free speech or illegal content?
Whether hate speech, propaganda or activism, governments across the globe have upped efforts to curb content deemed illegal from circulating on social networks. From drawn-out court cases to blanket bans, DW examines how some countries try to stop the circulation of illicit content while others attempt to regulate social media.
Image: picture-alliance/dpa/W. Kastl
Social media law
After a public debate in Germany, a new law on social media came into effect in October. The legislation imposes heavy fines on social media companies, such as Facebook, for failing to take down posts containing hate speech. Facebook and other social media companies have complained about the law, saying that harsh rules might lead to unnecessary censorship.
Image: picture-alliance/dpa/T. Hase
Right to be forgotten
In 2014, the European Court of Justice ruled that European citizens had the right to request search engines, such as Google and Bing, remove "inaccurate, inadequate, irrelevant or excessive" search results linked to their name. Although Google has complied with the ruling, it has done so reluctantly, warning that it could make the internet as "free as the world's least free place."
Image: picture-alliance/ROPI/Eidon/Scavuzzo
Blanket ban
In May 2017, Ukraine imposed sanctions on Russian social media platforms and web services. The blanket ban affected millions of Ukrainian citizens, many of whom were anxious about their data. The move prompted young Ukrainians to protest on the streets, calling for the government to reinstate access to platforms that included VKontakte (VK), Russia's largest social network.
Image: picture-alliance/NurPhoto/Str
Safe Harbor
In 2015, the European Court of Justice ruled that Safe Harbor, a 15-year-old pact between the US and EU that allowed the transfer of personal data without prior approval, was effectively invalid. Austrian law student Max Schrems launched the legal proceedings against Facebook in response to revelations made by former US National Security Agency (NSA) contractor, Edward Snowden.
Image: picture-alliance/dpa/J. Warnand
Regulation
In China, the use of social media is highly regulated by the government. Beijing has effectively blocked access to thousands of websites and platforms, including Facebook, Twitter, Instagram and Pinterest. Instead, China offers its citizens access to local social media platforms, such as Weibo and WeChat, which boast hundreds of millions of monthly users.
Image: picture-alliance/dpa/Imaginechina/Da Qing
Twitter bans Russia-linked accounts
Many politicians and media outlets blame Russia's influence for Donald Trump's election victory in 2016. Moscow reportedly used Facebook, Twitter, Google, and Instagram to shape public opinion on key issues. In October 2017, Twitter suspended over 2,750 accounts due to alleged Russian propaganda. The platform also banned ads from RT (formerly Russia Today) and the Sputnik news agency.
Image: picture-alliance/AP Photo/M. Rourke
Facebook announces propaganda-linked tool
With social media under pressure for allowing alleged Russian meddling, Facebook announced a new project to combat such efforts in November 2017. The upcoming page will give users a chance to check if they "liked" or followed an alleged propaganda account on Facebook or Instagram. Meanwhile, Facebook has come under fire for not protecting user data in the wake of the Cambridge Analytica scandal.
