Facebook suffers legal blow in EU court over hate speech

Published October 3, 2019
In this April 11, 2018, file photo, Facebook CEO Mark Zuckerberg listens to a question as he testifies before a House Energy and Commerce hearing on Capitol Hill in Washington, about the use of Facebook data to target American voters in the 2016 election and data privacy. — AP
In this April 11, 2018, file photo, Facebook CEO Mark Zuckerberg listens to a question as he testifies before a House Energy and Commerce hearing on Capitol Hill in Washington, about the use of Facebook data to target American voters in the 2016 election and data privacy. — AP

Facebook on Wednesday was dealt a major blow in the EU's top court, which ruled that national courts in Europe can order online platforms to remove defamatory content worldwide.

In a closely watched judgment, the European Court of Justice said EU law “does not preclude” courts from ordering “the removal of information or to block access worldwide,” a statement said.

The decision will be seen as a victory for EU regulators, who are ambitious to see US tech giants meet tightened European standards over hate speech and offencive content.

Last week, the same court decided that Google was not legally compelled to apply the EU's strict “right to be forgotten” rules globally, in a victory for the search giant.

The latest case was brought originally to an Austrian court by Greens party politician Eva Glawischnig, who requested the removal of Facebook posts that the judges found defamed her and could be seen by users of the social network around the world.

A higher Austrian court referred the case to the EU's top court for an opinion and the judgment, which cannot be appealed, will now be used as a reference Europe-wide.

In addition to the deletion of messages, the Greens had demanded Facebook provide information to determine the identity of people in fictitious accounts that often carried the most virulent comments.

The original complaint concerns messages from one of these fictitious accounts, which according to the Greens, had called Eva Glawischnig a “corrupt” person and which the social network refused to delete.

With the decision, Facebook and similar platforms such as Twitter, face a greater obligation to monitor their content and take down content found to be offensive or hateful.

EU-wide, so far online giants that also include Google's Youtube, have agreed to voluntarily takedown hateful or dangerous content, including those linked to terrorism, within 24 hours.

However, the EU is expected to propose tougher Europe-wide measures that could include fines if Facebook and others fail to comply with orders.

Opinion

Editorial

Balochistan tragedy
Updated 26 May, 2026

Balochistan tragedy

The state keeps reiterating the role of hostile foreign actors in fomenting unrest, yet seems to be short on ideas on how to prevent the ingress of such actors and their ideologies in Baloch society.
Economic engagement
26 May, 2026

Economic engagement

AN array of investment MoUs valued at $7bn signed during Prime Minister Shehbaz Sharif’s China visit signifies...
Flotilla abuse
26 May, 2026

Flotilla abuse

THE testimonies that have emerged from international activists, who were part of a Gaza-bound flotilla, paint a...
In chains
Updated 25 May, 2026

In chains

THE question should never be about who is at the receiving end at any given point in time: an assault on an...
Climate shocks
25 May, 2026

Climate shocks

THE latest State Bank report documenting recurring climatic disasters in Pakistan during the period between 2000 and...
Justice deferred
25 May, 2026

Justice deferred

PAKISTAN’S courts are quick to remind the public that justice takes time. Increasingly, however, it is the conduct...