Obligations of hosting providers (e.g. Facebook) to remove or disable access to certain information

12 Nov 2019

New ruling of the CJEU (C-18/18) on obligations of hosting providers (Facebook – in this case) to remove or disable access to certain information.

In a case concerning deletion of comments from Facebook, the CJEU held that “EU law does not preclude a host provider such as Facebook from being ordered to remove identical and, in certain circumstances, equivalent comments previously declared to be illegal.”

As for removal of “equivalent” information, the CJEU held that such obligation is not excessive “in so far as the monitoring of and search for information which it requires are limited to information containing the elements specified in the injunction, and its defamatory content of an equivalent nature does not require the host provider to carry out an independent assessment, since the latter has recourse to automated search tools and technologies.”

For more detail see https://lnkd.in/gwpPzQM