# Court Obliges Social Network to Temporary Disclosure

> Higher Administrative Court Schleswig-Holstein: operator of a large social network must temporarily disclose information on content moderation (6 MB 24/23).

Source: https://www.mtrlegal.com/en/social-network-temporary-transparency-obligation/ · Language: en · Updated: 2026-07-27

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## OVG Schleswig-Holstein obliges social network operator 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 social network platform, an Irish-based company of an international technology group, 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 the platform operator to publish additional data on the steps taken on the social network 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.

The platform operator 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 for[legal advice in IT law](https://www.mtrlegal.com/cities/muenster/it-recht/) from MTR Legal.