User v. Facebook Ireland, Inc.
Case Law- Country
- Country Location
Latitude: 51.168768345617636
Longitude: 10.094236493110516
- Country Location (Lié Case Law)
- Germany
- Decision Date
- 28 août 2018
- Case Status
- Affaire Résolue
- Case Outcome (Procedural)
- Dismissed
- Motion Denied
- Case Outcome (Disposition)
- Law or Action Upheld
- Keywords
- Freedom of Expression
- Hate Speech
- Judicial Body
- First Instance Court
- Case Number
- 1O 71/18
- Case Summary
The Regional Court in Heidelberg, Germany held that Facebook's Community Guidelines met the requirements of transparency and non-discrimination under German contractual law and adequately considered users' rights to freedom of expression. After a Facebook user had posted an anti-integration message, Facebook deleted the post and suspended the user's account for 30 days. The user then sought a preliminary injunction against Facebook, arguing that Facebook's Community Guidelines infringed German law and her right to freedom of expression. The Court held that Germany's Basic Law predominantly governs relationships between individuals and the State and that, even though the Basic Law can be applied to a limited extent to relationships between private persons, the Basic Law's protection of freedom of expression had not been infringed in this case.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Related Caselaw (self)
- Source Name and URL
- Columbia Global Freedom of Expression