We won against Facebook!

Have you noticed that we do not run PRO Test profiles on Facebook, Instagram, YouTube, or Vimeo? This is because we have been banned without reason from all these platforms. As a result, in 2019, while still members of the board of the Social Drug Policy Initiative (SIN), we sued Facebook (now Meta). Recently, a verdict was finally reached in this case – we won!

Despite our actions aimed at improving the safety of people using psychoactive substances, we fell victim to algorithms against which there is no effective method of appeal. Interestingly, content similar to ours is not removed (or is quickly restored) in the USA and Western Europe, and a Facebook spokesperson stated in the media that the company supports raising awareness about the dangers of drugs. However, we were treated as second-class internet users.

The court case, however, did not concern whether Harm Reduction complies with social media regulations or not, but whether the appeal mechanism against a moderator’s decision is effective. The court ruled that it is not. We are proud to be part of the movement for internet users’ rights.

Groundbreaking Verdict for Other Censored Users

SIN vs Facebook is the first such trial in Poland regarding private censorship, won by an organization opposing arbitrary blocking. The court ruled that Facebook cannot block users without justification and must allow effective appeal of decisions.

Behind the Scenes: The Case Against Facebook Has Been Ongoing Since 2018

In 2018, Facebook removed SIN’s pages and groups without explanation. In May 2019, SIN, supported by Panoptykon, filed a lawsuit demanding the restoration of access to the removed content. The trial revealed that the tech giant did not present any evidence of rule violations by SIN, which contributed to the case’s victory.

Facebook tried to dismiss the jurisdiction, arguing among other things that it does not use the Polish language despite having millions of customers in Poland. However, it was successfully forced to stand trial before the court in Warsaw.

Significance of the Verdict

Obligation to Justify Blocks: Platforms must justify blocks and give users the ability to challenge them.
Protection of User Rights: Aggrieved individuals can assert their rights in court, increasing their protection against arbitrary platform decisions.
Application of Polish Law: Users can sue global platforms in Poland based on Polish law, strengthening the position of consumers in the country.

The verdict is not final, so the case may still be reviewed by higher courts. However, it already sets an important precedent that could influence the way social media platforms operate and protect user rights in the future.