We found an essential mistake in the Polish official translation of the Article 27 of Digital Services Act:

European officials urged Big Tech to ban Kremlin-related accounts in the effort to tackle the propaganda online, as the Internet – and particularly the social media – became an important front of Russian invasion on Ukraine. But such “digital sanctions” are just a Band-Aid on a bullet wound. Yet again we call therefore for robust platform regulations in the Digital Services Act instead. The current crisis only confirms how badly overdue systemic solutions are.

On 27 September the hearing was held at the European Court of Human Rights, following the application against Poland lodged by activists from Poland’s Panoptykon Foundation and Helsinki Foundation for Human Rights, joined by a human rights attorney. The group alleges that the state violated their right to privacy by allowing the intelligence agencies to act beyond scrutiny. Their case has been supported by the United Nations special rapporteur, Polish Ombudsman and the European Criminal Bar Association, attending the Strasbourg hearing as well.

The District Court in Warsaw, in its interim measures ruling, has temporarily prohibited Facebook from removing fanpages, profiles and groups run by SIN (a Polish NGO) on Facebook and Instagram, as well as from blocking individual posts. This means that – at least until the case is decided – SIN’s activists may carry out their drug education without concerns that they will suddenly lose the possibility to communicate with their audience. The court has furthermore obliged Facebook to store profiles, fanpages and groups deleted in 2018 and 2019 so that – if SIN wins the case eventually – they can be restored together with the entire published content, comments by other users, as well as followers and people who liked the fanpages. This is not the only good news: the court has also confirmed that Polish users can enforce their rights against the tech giant in Poland. The court’s decision is not final – after the delivery of the decision, Facebook Ireland will have the right to appeal it with the Appeal Court.

The European Court of Human Rights demanded the Polish government to provide an explanation in the case of surveillance by intelligence agencies.