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| The EU's top court has ruled that national courts in Europe can order Facebook and other online platforms to remove defamatory content worldwide (AFP Photo/DENIS CHARLET) |
Luxembourg (AFP) - 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.
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 offensive
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.
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 latest
case was brought originally to an Austrian court by Greens party politician Eva
Glawischnig-Piesczek, 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.
The
complaint also concerned messages from fictitious accounts, which according to
the Greens, had called Glawischnig-Piesczek a "corrupt" person and
which the social network refused to delete.
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.
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, even from fake accounts.
Facebook
slammed the EU court's decision, saying "it undermines the long-standing
principle that one country does not have the right to impose its laws on speech
on another country."
It also
deplored the obligation to track down "equivalent" content that
duplicates offensives or hateful language.
'Chilling
effect'
"In
order to get this right, national courts will have to set out very clear
definitions on what 'identical' and 'equivalent' means in practice," a
Facebook statement said
"We
hope the courts take a proportionate and measured approach, to avoid having a
chilling effect on freedom of expression," it said.
Glawischnig-Piesczek,
the victim of the hate speech, hailed the decision as "a historic success
for human rights against web giants".
"It in
no way infringes freedom of opinion," Glawischnig-Piesczek told the
Austrian news agency APA.
EU-wide
rules on hate speech are limited.
So far,
online giants including Google's Youtube, have agreed to voluntarily take down
hateful or dangerous content, including those linked to terrorism, within 24
hours.
However,
the EU is expected to propose tougher Europe-wide measures including fines if
Facebook and others fail to comply with orders.
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