Court decision · 3 October 2019
Eva Glawischnig-Piesczek v Facebook Ireland Ltd
Case C-18/18, ECLI:EU:C:2019:821 · Court of Justice of the European Union
What it means for your code
Platforms hosting user content should be able to find and remove identical or equivalent copies of content once it is ruled unlawful.
What happened
An Austrian politician sought to compel Facebook to remove defamatory posts about her and equivalent reposts.
What was decided
EU law does not preclude a court ordering a hosting provider to remove content identical or equivalent to content declared unlawful, including worldwide within the framework of relevant international law, without imposing a general monitoring obligation.
The legal test applied
- A hosting provider may be ordered to remove content identical or equivalent to content declared unlawful
- The order must not require an independent assessment amounting to general monitoring
What would have changed the outcome
- Content only thematically similar, not equivalent in substance, is outside such an order
Summary and analysis by Lawpatch, checked by an editor against the source. Risk analysis, not legal advice; the law may have moved on since this decision.