Facebook must delete 'illegal' comments globally, ECJ rules

guest · Oct 3, 2019

Facebook must delete 'illegal' comments globally, ECJ rules
Article 19 warns ruling could put freedom of speech at risk
October 3, 2019
https://www.theinquirer.net/inquirer/news/3082239/facebook-delete-content-globally-ecj-ruling

The European Court of Justice (ECJ) has ruled that Facebook must delete content globally if its deemed defamatory in Europe.

The ruling, which is in stark contrast the ECJ's landmark 'right to be forgotten' decision last month, states that while Facebook is exempt from actively policing all of the content on its platform in Europe, the social network must remove user comments that European courts have deemed illegal.

"EU law does not preclude a host provider like Facebook from being ordered to remove identical and, in certain circumstances, equivalent comments previously declared to be illegal," the ECJ said in a statement.
While the ECJ's decision is good news for Glawischnig-Piesczek, it will unlikely go down well at Facebook. The ruling could have broad implications for the company, and similar platforms, by placing more responsibility on them to manage and filter content.
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"The ruling also means that a court in one EU member state will be able to order the removal of social media posts in other countries, even if they are not considered unlawful there. This would set a dangerous precedent where the courts of one country can control what Internet users in another country can see. This could be open to abuse, particularly by regimes with weak human rights records.
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Ruling (PDF - 109 KB): https://curia.europa.eu/jcms/upload/docs/application/pdf/2019-10/cp190128en.pdf

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