On 7 May 2019 Spoleczna Inicjatywa Narkopolityki (Civil Society Drug Policy Initiative, “SIN”), supported by the Panoptykon Foundation, filed a lawsuit against Facebook in a strategic litigation aimed at fighting private censorship on the Internet. Online platforms act as the ‘gatekeepers’ to online expression, thus gaining tremendous power over the information circulated on the Internet – power which they wield without an adequate accountability or responsibility. Moderation is necessary to fight illegal, harmful content but unfortunately perfectly legal and socially valuable materials often fall prey to it.  We hope that our lawsuit against Facebook will help change this.

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.

Every year more and more public money is invested in surveillance technologies – everything from drones and video surveillance to data mining software for public administration. Recently, the Polish government announced a new programme of co-financing surveillance cameras in the schools.

Panoptykon Foundation co-signed the open letter to the European Commision, regarding the situation in Poland, in which we express our concern with the legislative changes in Poland, that began with undermining with the legitimacy of the Constitutional Tribunal, but went much further, affecting the full scope of fundamental rights of Polish citizens. Amnesty International, FIDH (International Federation for Human Rights), Human Rights Watch, Open Society European Policy Institute, Reporters without Borders and other Polish and international NGOs were among the signees of the letters.