OVG Schleswig-Holstein obliges Meta to temporary disclosure obligation
The Higher Administrative Court of Schleswig-Holstein decided in an expedited procedure by resolution on December 14, 2023 (Case No. 6 MB 24/23) that the operator of the Facebook platform, Meta Platforms Ireland Limited, is obliged to temporarily disclose certain information regarding the handling of publications on its social network. The decision was made pending further legal clarification.
Background of the proceedings
The dispute is related to measures by the Federal Office of Justice under the Network Enforcement Act (NetzDG). The authority required Meta to publish additional data on the steps taken by Facebook in connection with potential legal violations on the platform. Essentially, it was about the obligation to provide detailed information on the complaint procedure as well as on the removal or blocking of content.
Meta opposed this order by means of provisional legal protection. The company’s main argument was that the requested information pertains to operational and business secrets and is neither proportionate nor in conformity with EU law.
Legal assessment and balancing of interests
Court’s decision
The OVG Schleswig-Holstein rejected the request to suspend the administrative order. According to the court’s opinion, at this stage of the proceedings, it is more likely than not that the statutory obligation to publish additional information is effective. It was particularly emphasized that transparent information for users about the moderation of content and the handling of complaints is in the public interest.
The court further clarified that the data offered, given the current state of affairs, does not demonstrably pertain to sensitive operational and business secrets that would necessarily oppose disclosure. However, the decision was made pending a final evaluation in the main proceedings.
Provisional nature of the order
It should be noted that the court decision was made within the framework of an expedited procedure and therefore does not have a final character. The actual assessment of the facts is reserved for the subsequent main proceedings. The court emphasized the necessity of a careful balancing of interests between the public interest in transparency and the protection of corporate internal information.
Classification and outlook
The proceedings illustrate the importance of the transparency requirement in the area of social networks, especially regarding protection against illegal content and safeguarding user rights. The focus is on the tension between regulatory requirements and the protection of corporate confidentiality interests.
As the judicial review has so far only been conducted on a preliminary basis and the main decision is still pending, further legal development is open. The presumption of innocence applies. The final decision in the main proceedings remains to be seen.
For companies, investors, and wealthy private individuals operating in the area of digital platforms, regulatory frameworks around transparency, data protection, and content moderation are becoming increasingly important. Those who wish to find out more about these or similar issues or need legal support can find further information and contact options forlegal advice in IT law from MTR Legal.
