The Austrian Court of Appeal ruled that Facebook must delete all hate postings and verbatim re-postings against Austria's Green party leader, Eva Glawischnig, not just in Austria but worldwide. The case was brought by Austria's Green party after Glawischnig was insulted on Facebook by posts from someone who didn't use his/her real name. The Court said that an individual's right to protection of dignity and reputation had to be balanced against the Article 10 right to freedom of expression, including political expression. However, it reasoned that the postings went beyond political comment and were clearly aimed at insulting and vilifying Glawischnig personally; they were not legitimate criticism; and they therefore could not be protected under Article 10 of the European Convention on Human Rights (ECHR).
This case is currently on appeal before the Austrian Supreme Court. The Supreme Court referred questions pertaining to the scope of the injunction to the Court of Justice of the European Union. The Advocate General delivered his preliminary opinion on 4 June 2019. The Third Chamber of the European Court of Justice delivered its opinion on October 3, 2019.