CasaPound v. Facebook
Case Law- Country
- Country Location
Latitude: 42.82063999428387
Longitude: 12.730955243111072
- Country Location (Lié Case Law)
- Italy
- Decision Date
- 12 déc. 2019
- Case Status
- On Appeal
- Case Outcome (Procedural)
- Affirmed Lower Court
- Dismissed
- Motion Denied
- Case Outcome (Disposition)
- Blocking or Filtering of Information
- Keywords
- Hate Speech
- Incitement of Hatred
- Social Media
- Judicial Body
- First Instance Court
- Court Name
- Court of Rome
- Case Number
- R. G. 59264/2019
- Case Summary
The Court of Rome ruled that Facebook must reactivate the account and restore the pages of the Italian neo-fascist party CasaPound. The action was brought after Facebook deactivated the party’s account as well as the profile of the page’s administrator without providing any notice or explanation. Facebook argued that the removal of CasaPound’s pages was legitimate on the grounds that they included content which constituted hate speech and incitement to violence, in violation of Facebook’s Community Standards. The Court reasoned that due to Facebook’s dominance as a social media platform and its stated mission to uphold freedom of expression, the deactivation of CasaPound’s page violated its rights as a political party to participate in public debate and “contribute by democratic means to national policy” under article 49 of the Constitution. The Court further stated that Facebook was bound to abide by Italian law, which limited its discretion in its contractual relationship with its users, until violations had been proved. Therefore, the Court granted the request and ordered Facebook to pay costs as well as a penalty of €800 for each day the account remained inactive following the order. Facebook has appealed.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Source Name and URL
- Global Freedom of Expression