The decision, issued in a preliminary review, prioritizes the right of political parties in the context of public elections to access key social media platforms such as Facebook to ensure their freedom to express their political opinions and agenda. The decision reflects that the Court rates the expression of political opinions and the political discussion in relevant social networks as being crucial to the formation of intention during political elections. However, the decision could not resolve the dichotomy between granting a party access to Facebook’s platform and the limits imposed on the platform provider to ensure that content complies with criminal law, rights of third persons, its terms of use and its duties under the Network Enforcement Act.
The decision establishes a binding or persuasive precedent within its jurisdiction.