Filmwerkstatt Düsseldorf: Arbitrary blocking of Facebook pages endangers artistic freedom

The Filmwerkstatt, an association of filmmakers, has set itself the task of inspiring people for art and culture through film screenings and discussions. The presumed reason for the deletion was a recently posted program reference to the Oscar-nominated film "Embrace of the Serpent". The advertisement was accompanied by a film still showing the director and a group of traditionally dressed indigenous people.

During the proceedings, we were able to get Meta to restore the site. In July 2024, the Düsseldorf Regional Court then ruled that Meta had acted unlawfully when it blocked the Filmwerkstatt Düsseldorf Facebook page. The decision is an important signal: internet platforms must uphold fundamental rights such as freedom of art and freedom of expression.

SOCIAL MEDIA PLATFORMS ARE VITAL TO THE SURVIVAL OF ART

By arbitrarily deleting the page, Facebook endangered the Filmwerkstatt's artistic freedom. This is because the Facebook page, which was followed by over 4000 people, was the main advertising channel for the non-profit association. With the arbitrary deletion of its Facebook page, the Filmwerkstatt was massively restricted in promoting its activities. It is difficult to quantify the damage that the association, which is financed in part by donations, has suffered as a result of its lack of presence.

For art in general, the Internet and social networks in particular are an indispensable platform for generating attention and thus making an impact. The fundamental right of artistic freedom, which was massively restricted by this arbitrary deletion, applies not only to private individuals, but also to non-profit associations.

BGH SETS HIGH HURDLES FOR BLOCKING PAGES

Social media platforms like Facebook usually moderate their content automatically using algorithms. However, the use of this artificial intelligence, which presumably also occurred in the case of the Filmwerkstatt, is very prone to error: filters strike at factors such as naked skin, for example, but without understanding the context of a work. This means that unlawful blockings and deletions are inevitable. The deletion of the page without warning or justification also makes it impossible for the Filmwerkstatt to defend itself against the measure. Attempts to contact Facebook went unanswered.

Facebook's actions clearly contradict the case law of the Federal Court of Justice (BGH) from 2021, which sets high hurdles for the blocking or deletion of users and pages: social networks such as Facebook must respect the fundamental rights of their users due to their enormous influence. The regulations include that account blocking must be objectively and factually justified. In addition, there must be a hearing beforehand and the possibility to question sanctions afterwards.

LANDMARK RULING FOR THE ART INDUSTRY

Platforms are retreating to the position that they cannot be sued in Germany because they are based in Ireland. The law does provide for consumers to take legal action in German courts. However, in the digital space, it is often unclear who is actually a consumer. Since only people can be consumers, non-profit associations such as Filmwerkstatt are excluded from the outset.

In this case, a German court was able to decide because it was an antitrust dispute. By blocking Filmwerkstatt's site without any specific justification, Meta clearly exploited its dominant market position and unfairly hindered the creative artists. The ruling by the Düsseldorf Regional Court is groundbreaking, as it offers associations, artists and researchers in particular the opportunity to make their voices heard.

FILMWERKSTATT DÜSSELDORF SHOWS PARALLELS TO GOLIATHWATCH

In July 2022, GFF together with the law firm Hausfeld already achieved a success. In February 2022, Facebook blocked the page of the anti-corporate NGO Goliathwatch - again without warning or announcement. In the urgent legal protection proceedings coordinated by us, the Hamburg Higher Regional Court ruled that the blocking was unlawful, so Facebook had to unblock the page. The court thus confirmed that non-users can also invoke the case law of the Federal Court of Justice in the event of a violation of freedom of expression.

CENTER FOR USER RIGHTS PROTECTS USERS' RIGHTS ONLINE

The Digital Services Act has been in effect in this area since the beginning of the year. The European regulation imposes stricter requirements on platforms and is intended to prevent sites such as Filmwerkstatt from being arbitrarily blocked. Nevertheless, there are considerable gaps in practice. For this reason, the GFF continues to take action against misconduct on the part of platforms through the Center for User Rights, which was founded specifically for this purpose.