The Court Of Justice Of The European Union Limits Free Speech

The judgment has brought concern among free speech organizations. Thomas Hughes, the executive director of ARTICLE 19, a non-profit organization that works on "protecting the right to freedom of expression around the world," said:

"This judgment has major implications for online freedom of expression around the world.

"Compelling social media platforms like Facebook to automatically remove posts regardless of their context will infringe our right to free speech and restrict the information we see online...

"The ruling also means that a court in one EU member state will be able to order the removal of social media posts in other countries, even if they are not considered unlawful there. This would set a dangerous precedent where the courts of one country can control what internet users in another country can see. This could be open to abuse, particularly by regimes with weak human rights records."...

Government efforts in Europe to censor free speech have long been ongoing: in Germany, the controversial censorship law, known as NetzDG, which came into effect on October 1, 2017, requires social media platforms, such as Facebook, Twitter and YouTube, to censor their users on behalf of the German state. Social media companies are obliged to delete or block any online "criminal offenses" such as libel, slander, defamation or incitement, within 24 hours of receipt of a user complaint. Social media companies receive seven days for more complicated cases. If they fail to do so, the German government can fine them up to 50 million euros for failing to comply with the law.

The new judgment from the Court of Justice of the European Union, presumably, could mean that a German court could order what it deems to be illegal content, or its equivalent, under NetzDG to be removed in other EU member states that do not have a similarly draconian censorship law.

France is looking to adopt a similar law to that in Germany: In early July, France's National Assembly adopted a draft bill designed to curtail online hate speech. The draft bill gives social media platforms 24 hours to remove "hateful content" or risk fines of up to 4% percent of their global revenue. The bill has gone to the French Senate. Again, if the bill becomes law, the judgment from the Court of Justice of the European Union could mean that French courts would be able to demand that Facebook remove what the courts consider illegal content or its equivalent under French law.

The judgment from the Court of Justice of the European Union, in other words, appears to give EU member states unprecedented power to determine public discourse online -- to determine what citizens can and cannot read. It naturally remains to be seen exactly how the judgment will be interpreted in practice by national courts of the EU member states, but the prospects now look even bleaker for the future of free speech in Europe.