Google, Meta win court fight against Austrian online content rule
Top EU Court Supports Google, Meta, and TikTok in Fight Against Austrian Hate Speech Law
By Foo Yun Chee
November 9, 2023 – 11:05 AM UTC
LUXEMBOURG (Reuters) – In a significant victory, Alphabet’s Google, Meta Platforms, and TikTok have received support from Europe’s top court in their battle against an Austrian law that mandates the deletion of hate speech or the imposition of hefty fines.
The Austrian law, implemented in 2021, requires major tech companies to publish regular reports on illegal content, reflecting growing global concerns about offensive online posts.
The European Union recently introduced the Digital Services Act (DSA), which imposes stricter obligations on large online platforms to combat illegal and harmful content, with potential fines of up to 6% of their annual turnover.
Google, Meta, and TikTok challenged the Austrian law in an Austrian court, arguing that it contradicts an EU rule stating that online service providers are only subject to the laws of the country where they are established, while the countries where they operate must refrain from applying their own regulations.
As the case reached the Court of Justice of the European Union (CJEU), the three companies, which have their European headquarters in Ireland, received a favorable ruling.
“A member state may not subject a communication platform provider established in another member state to general and abstract obligation,”
the judges stated.
“Such a national approach is contrary to EU law, which ensures the free movement of information society services through the principle of control in the Member State of origin of the service concerned.”
Google expressed satisfaction with the decision.
“We are pleased with today’s ruling, which reaffirms the importance of the EU’s country of origin principle. We will study the judgment and continue to invest in the trust and safety of our users across our platforms,” said a Google spokesperson.
Meta and TikTok have not yet responded to email requests for comment.
It is important to note that Thursday’s ruling cannot be appealed.
The case is C-376/22 – Google Ireland and Others.
($1=0.9354 euros)
Reporting by Foo Yun Chee
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What are the implications of the CJEU’s ruling in terms of the regulation of online content in Europe and the responsibility for content moderation
T impose obligations to remove or disable access to information on providers operating in other EU member states,” the CJEU said in a statement.
The court’s decision is seen as a victory for tech giants and a blow to governments seeking to regulate hate speech online. It highlights the complex issue of jurisdiction and the balancing act between freedom of speech and the need to protect individuals from harm.
The Austrian law was aimed at combating hate speech and illegal content on major social media platforms. It required companies like Google, Meta (formerly Facebook), and TikTok to remove such content within 24 hours of being notified, or face fines of up to 10 million euros ($11.5 million).
However, the tech companies argued that the law violated the principle of free speech and imposed an excessive burden on them to monitor and regulate content. They also contended that the law went against EU rules, which state that online service providers should be subject to the laws of the country where they are established, rather than where they operate.
The CJEU agreed with their argument, stating that a member state cannot impose its own regulations on providers operating in other member states. This means that tech companies will only be subject to the laws of the country where their European headquarters are located.
The ruling has significant implications for the regulation of online content in Europe. It sets a precedent that could limit the ability of individual countries to enforce their own laws on global tech platforms. Instead, the responsibility to regulate content will fall primarily on the country where the company is based.
Critics argue that this could create a regulatory vacuum, as companies may be more inclined to establish their European headquarters in countries with more lenient regulations on hate speech and illegal content.
However, supporters of the ruling argue that it upholds the principles of the Digital Services Act and ensures a fair and consistent approach to content moderation across the EU. They believe that the responsibility for regulating online content should lie with the EU as a whole, rather than individual member states.
The case highlights the ongoing challenge of regulating hate speech and illegal content in the digital age. While there is a growing consensus that action needs to be taken, finding the right balance between freedom of speech and the protection of vulnerable individuals remains a complex and contentious issue.
As technology continues to evolve and online platforms play an increasingly prominent role in public discourse, it is likely that the debate over content regulation will continue. The CJEU’s ruling in favor of Google, Meta, and TikTok is just one chapter in an ongoing story that will shape the future of online speech and expression in Europe and beyond.
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