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I tried to find a good source, but now I'm not sure anymore if it's really on EU level. But there definitely was a 2021 decision of the German Federal Court of
by gndk 3y ago
I tried to find a good source, but now I'm not sure anymore if it's really on EU level.
But there definitely was a 2021 decision of the German Federal Court of Justice (BGH, highest court). It was about normal "posts" on FB in the context of hate speech and its moderation, not ads/ad accounts, but might still be applicable.
I can only find German articles so you might need to use a translation service. https://dejure.org/dienste/vernetzung/rechtsprechung?Gericht=BGH&Datum=2021-07-29&Aktenzeichen=III%20ZR%20179%2F20 https://dejure.org/dienste/vernetzung/rechtsprechung?Gericht...
This is a reasonable summary: https://www.cbh.de/news/geistiges-eigentum-medien-it/bgh-zur-sperrung-von-nutzerkonten-und-loeschung-von-beitraegen-auf-facebook/ https://www.cbh.de/news/geistiges-eigentum-medien-it/bgh-zur...
Translated quote from their last section:
While criminally relevant communication content may (and probably must) be removed immediately, the BGH takes the position that an internal complaints or counter-complaint procedure must be established in the case of violations that are not criminally relevant. The operator of a social network cannot simply throw a user out the door in the event of behavior that is not criminally relevant, but must announce an intended blocking with reasons and give the user concerned the opportunity to comment. The same applies to the deletion of contributions.
Another article: https://www.lto.de/recht/hintergruende/h/soziale-netzwerke-facebook-meinungsfreiheit-beitraege-loeschen-account-sperre-nutzer-nur-nach-abmahnung-information/ https://www.lto.de/recht/hintergruende/h/soziale-netzwerke-f...
And translated quote:
If Instagram does not provide a reason for blocking, i.e. the blocking of the profile is unfounded, it is illegal and must be revoked (cf. LG Munich II, judgment of December 16, 2020, Az. 11 O 5166/20; LG Bielefeld, judgment of March 30 .2021, Az. 5 O 63/21)
- moi2388 3y agoI’m that case I’d suggest you actually do take up a lawyer