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.

“We don’t have to manipulate our customers or exploit their vulnerabilities to scale up” – European entrepreneurs and social organizations appeal to the MEPs to put an end to invasive and privacy-hostile practices related to surveillance-based advertising and thus open the market to ethical and innovative online ads, which respect users’ rights and their choices. On the opposite bench – the Big Tech lobby fights for the status quo to remain – despite the well-documented social and individual harms caused by the current ads ecosystem.

Following a number of complaints filed in 2018 and 2019, including by Panoptykon and Bits of Freedom, and coordinated by the Irish Council for Civil Liberties, the Belgian Data Protection Authority has found that the consent system developed and managed by the adtech industry body IAB Europe, and used by many websites in the EU, is illegal under the GDPR.

We have taken part in the public consultations of the draft code of conduct which is supposed to help apply the GDPR to the internet advertising sector. The code was prepared by the Polish office of the Internet Advertising Bureau.