Status: 07/29/2021 4:06 p.m.
It is becoming more time-consuming for Facebook to block users for violating the rules of the online network. You must be informed in advance. This was decided by the Federal Court.
The woman and the man, who have sued through three instances, each posted very aggressive and hostile comments on Facebook in 2018: “Migrants can murder and rape here and no one is interested,” the plaintiff had assumed. It sounded similar to the plaintiff.
Facebook deleted the posts very soon and blocked both accounts for several days. This meant that neither of them could post or comment on anything and could no longer use Facebook Messenger.
The company relied on the small print, the so-called “community standards”, for deletion and blocking. They stipulate that the spread of hate speech will not be tolerated and that corresponding posts will be deleted. In doing so, they go further than the law. Facebook can then also forbid statements that are not yet to be regarded as a criminal offense or hate speech.
Community standards generally possible
Now the Federal Court of Justice (BGH), Germany’s highest civil court, has decided on the matter. The presiding judge, Ulrich Hermann, said that such community standards are basically possible. Because here one has to weigh up between the fundamental rights of both sides, between the freedom of expression of the users and the entrepreneurial freedom of Facebook.
In principle, the network is allowed to give the users specifications for the content that certain standards are adhered to. That would mean for the platform:
It may reserve the right to remove posts and block the user account in question if the communication standards are violated.
Even if the statements made by the user are not yet punishable. However, they must adhere to a certain procedure: “Keyword: safeguarding fundamental rights through procedures”. This means that the platform must also respect the freedom of expression of the users.
It must therefore undertake in its general terms and conditions to inform the user concerned about the removal of the contribution at least retrospectively and about any intended blocking of the user account in advance.
Content dispute not yet resolved?
For Herbert Geisler, the lawyer for the two Facebook customers, this is not a completely satisfactory verdict. Because the dispute about the content has not yet been resolved. “That is the big question that will continue to arise,” he says.
But at least it would now be clear to the customers of such platforms that they would be warned in advance. “You don’t need to worry that you will be blocked from being notified. And then they have the opportunity to say whether they want to accept these announced blocking measures or not, “said Geisler.
Subsequent information is sufficient
According to the new case law of the BGH, a post can still be deleted quickly. It is sufficient if the network then informs the user. But you must first be able to comment on a blockage of the account. And the network has to answer that again.
This means that in the future it will always take some time before someone can be blocked on Facebook or another platform.