Facebook may be ordered to remove illegal content: EU Court to determine social networks’ liability for algorithm operations

The Court of Justice of the European Union must determine whether social networks are liable for illegal user publications that are spread thanks to recommendation algorithms. The relevant appeal was sent by the Federal Supreme Court of Germany in the context of a dispute between a German politician and the company Meta Platforms.

The basis for the trial was the distribution on Facebook of a false quote attributed to a German politician. The plaintiff claims that she never made a relevant statement, and demands that Meta not only remove the publication, but also prevent the further distribution of similar messages.

In addition, the woman demands compensation in the amount of at least 10 thousand euros.

Will Facebook be liable for user content

On October 27, 2026, the Federal Supreme Court of Germany considered the cassation appeals of the parties in case No. VI ZR 64/24 and decided to refer six questions to the Court of Justice of the EU on the application of European law.

One of the key issues was the liability of social platforms for information published by users.

EU law currently provides for certain limitations on the liability of online intermediaries for third-party content. At the same time, the court must clarify whether these provisions can apply to social networks that not only store posts but also actively recommend them to their audience.

Particular attention is paid to Facebook’s algorithms that automatically select, sort and promote posts.

The EU court must determine whether such activities affect the legal status of the platform and the possibility of exemption from liability for illegal content.

Social networks can be obliged to search for illegal posts

Another issue concerns the obligation of social networks to independently detect and remove posts that repeat the content of posts that have already been declared illegal.

This concerns, in particular, cases where users change individual words or wording, but continue to spread the same false claim.

The German court is asking whether Facebook can be required to conduct a substantive analysis of such messages, given the provisions of the Digital Services Act, which prohibits online intermediaries from imposing a general obligation to monitor information.

Will users be able to claim compensation

The CJEU will separately consider the issue of compensation for damages under the General Data Protection Regulation (GDPR).

In particular, it must be established whether the social network can rely on the statutory limitations on the liability of online platforms in cases related to a breach of personal data protection rules.

Article 82 of the GDPR provides for the right of an individual to claim compensation for material or non-material damage caused by a breach of the regulation.

No final decision yet

The German Federal Supreme Court has stayed the proceedings pending clarification from the Court of Justice of the European Union.

Thus, Meta is not currently obliged to independently detect all similar illegal messages or to pay the claimed compensation.

The upcoming decision of the Court of Justice of the EU could become an important reference point for case law in disputes regarding the liability of digital platforms, the protection of personal data and the algorithmic dissemination of information.

It will also help to define the line between the activities of a social network as a technical intermediary and its legal liability for content that receives additional coverage thanks to recommendation algorithms.