Facebook: it is mandatory to remove illegal shares

Facebook: it is mandatory to remove illegal shares

A recent ruling by the Court of Justice of the European Union established that the judges of individual member states may order those responsible for Facebook, and by extension to those of any other social network, to remove content shared by users when it is deemed illegal or illegal. The pronouncement represents the closure of a case involving Austrian policy Eva Glawischnig Piesczek.

Specifically, the latter had decided to drag Menlo Park to court after the publication of a comment associated with a content capable of harming its reputation. The judges of theOberster Gerichtshof, Supreme Court of Vienna which in turn would have decided to apply to the EU Court of Justice.

The sending of the request to Luxembourg was motivated by the need to correctly interpret the European directive on electronic commerce, this is because it is precisely through this legislation that the relationships between the provider of an online service (such as the Website in Blue) and those who use it are regulated.

The sentence thus pointed out that the operator of a platform cannot be held responsible for the content published by its members in violation of the Law, however such protection would cease to be applied when the timely action is not taken to cancel illegal or illegal shares once they are detected or reported.

In the same way the social networks would always be obliged to remove a content when its elimination has been ordered by a judge, the managers will also have to take any necessary countermeasure so that the offending content is no longer accessible in any way, including sharing in mode private.

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