The law of Facebook : borders, regulation and global social media

Abstract

This paper provides an outline of the talks presented at the webinar event “The Law of Facebook: Borders, Regulation and Global Social Media” on 15 May 2020, jointly hosted by the City Law School Jean Monnet Chair of Law & Transatlantic Relations, the Institute for the study of European Law (ISEL) and the International Law and Affairs Group (ILAG). The event debated the decision in C-18/18 Glawischnig-Piesczek v. Facebook1 and the wider legislative and regulatory context of borders, global social media and transnational regulation of the internet. In C-18/18 Glawischnig-Piesczek v. Facebook the Court of Justice considered in a small three judge chamber litigation concerning an Austrian politician suing Facebook Ireland. There, the Austrian Supreme Court referred to the CJEU whether a host provider was obliged to remove posts and whether national courts can order platforms to remove content only within the national boundaries, or beyond (‘worldwide’). The decision of the Court has been seen as having the capacity to determine whether domestic courts can impose monitoring obligations on digital platforms, and of what nature, and how much power courts should be given in imposing their own standards of acceptable speech across national boundaries. It features as one of a host of decisions at national and supranational level as to social media, the internet and the high-profile GDPR but also other measures such as the ECommerce Directive. Beyond the specificities of search engines, monitoring and data protection authorities and territorial limits, the panel reflected upon Facebook as a global titan of transnational social media activity and its constant battle to evade jurisdiction controls under EU law. It considered the litigation strategy of Facebook as to the EU-US Privacy Shield in litigation ongoing before the CJEU concerning data protection authorities’ powers, individual enforcement of transnational agreements and worldwide jurisdiction. An outline of the individual talks of speakers is presented here next.