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Facebook and other hosting providers must remove illegal posts.

17/12/2019

Austrian Green Party member Eva Gliwischnig-Piesczek has succeeded in obtaining a ruling that Facebook is required to block or remove illegal content on their website. A Facebook user had earlier created a post on their profile with a photo and comment that could hurt and slander Mrs. Glawischnig.


European Court of Justice had ruled on 3 October 2019 that while the Information Society Services Directive does not impose a general obligation on service providers to supervise or monitor the information they transmit, or actively filter out illegal content, it does not apply to specific cases and information which have been classified as unlawful by the Court. In these cases, it is possible to order the service provider or platform that enables of saving the information provided by the user (of the hosting page), in this case Facebook, to remove or block the same or similar content. The Court also stated that this obligation is proportionate because it is limited only to the information contained in the relevant court order.