VIENNA, AUSTRIA / TOKYO, JAPAN / BONN: Facebook must remove postings deemed as hate speech, an Austrian court has ruled, in a legal victory for campaigners who want to force social media companies to combat online ‘trolling’.
The case – brought by Austria’s Green party over insults to its leader – has international ramifications as the court ruled the postings must be deleted across the platform and not just in Austria, a point that had been left open in an initial ruling. The case comes as legislators around Europe are considering ways of forcing Facebook, Google, Twitter and others to rapidly remove hate speech or incitement to violence.
Germany’s cabinet approved a plan last month to fine social networks up to 50 million euros ($55 million) if they fail to remove such postings quickly and the European Union is considering new EU-wide rules. Facebook’s lawyers in Vienna declined to comment on the ruling, which was distributed by the Greens and confirmed by a court spokesman, and Facebook did not immediately reply to a request for comment.
Strengthening the earlier ruling, the Viennese appeals court ruled on Friday that Facebook must remove the postings against Greens leader Eva Glawischnig as well as any verbatim re-postings, and said merely blocking them in Austria without deleting them for users abroad was not sufficient. The court added it was easy for Facebook to automate this process. It said, however, that Facebook could not be expected to trawl through content to find posts that are similar, rather than identical, to ones already identified as hate speech.
The Greens hope to get the ruling strengthened further at Austria’s highest court. They want the court to demand Facebook remove similar – not only identical – postings, and to make it identify holders of fake accounts. The Greens also want Facebook to pay damages, which would make it easier for individuals in similar cases to take the financial risk of taking legal action.
“Facebook must put up with the accusation that it is the world’s biggest platform for hate and that it is doing nothing against this,” said Green parliamentarian Dieter Brosz. Chief Executive Mark Zuckerberg has said hate speech has no place on the platform and the company has published a policy paper on how it wants to work against false news.
