Facebook Must Delete Criminal Content, Regardless of Terms of Use
A recent decision by the Karlsruhe Higher Regional Court in Germany has stated that social networks must immediately remove or block criminal content, regardless of their terms of use. The ruling came after a Facebook user sued Meta Platforms, the operator of Facebook, for deleting his criminal postings and temporarily blocking his account. The court found that the user had repeatedly violated Facebook’s terms of use, leading to the removal of his content. This decision emphasizes that the law applies in all cases and cannot be overridden by the terms of use.
The plaintiff had violated Facebook’s terms of use multiple times, resulting in penalties such as temporary bans on live streaming and posting. In one instance, he insulted another Facebook user in a comment, and in another, he posted an intimate photo of a prominent politician’s son without consent. These actions led to the deletion of his posts by Meta. The plaintiff then hired a lawyer and demanded that Meta admit the deletions were illegal, provide information, pay damages, and lift the ban, among other things. Despite these demands, Meta did not respond, leading the plaintiff to file multiple lawsuits.
The Karlsruhe Regional Court partially supported Meta’s decision to delete the insult, as it was considered criminal. However, the court did not find the publication of the intimate photo or the link to other such images illegal. Both parties appealed the decision, and the Higher Regional Court ruled in favor of Meta. The court emphasized that, regardless of the terms of use, Meta was authorized by law to delete the criminal content. The court also classified the publication of intimate photos without consent as criminal, citing the Art Copyright Act. The court highlighted that the Telemedia Act and the Network Enforcement Act require Facebook to immediately delete posts that violate criminal law.
The Higher Regional Court did not address the issue of obviousness regarding the deletion of obviously illegal content. The court dismissed the plaintiff’s other complaints and ruled that the plaintiff must bear the costs of the proceedings. The court also stated that temporary deactivation of functions on a Facebook account does not constitute a serious violation of personal rights. Meta has since updated its terms of use to include the right for users to be informed promptly about the reasons for post deletions and the opportunity to request a review.
Overall, this ruling reinforces the importance of social networks taking immediate action to remove or block criminal content, regardless of their terms of use. It also highlights the need for users to be aware of the legal consequences of their actions on these platforms.
