By blocking the accounts and groups of Społeczna Inicjatywa Narkopolityki (SIN, the Civil Society Drug Policy Initiative), Meta has infringed on the organization’s personal rights. On Wednesday, a Polish court issued a watershed decision in a case supported by the Panoptykon Foundation, thereby confirming that Internet platforms cannot block users at will. The court also confirmed that banned users have the right to sue in their own country.

There is little point in telling Facebook which posts you do not want to see – it will not listen.

The first court hearing in the case between a Polish NGO and Meta took place before the Warsaw District Court on 7 February 2023. The hearing was conducted almost four years after the organisation sued the internet giant for deleting its accounts and groups  without a prior warning or an explanation.

The District Court in Warsaw (Appellate Division) upheld its interim measures ruling from 2019 in which it temporarily prohibited Facebook from removing fan pages, run by the Polish NGO “SIN”, on Facebook and Instagram, as well as from blocking individual posts. This means that – until the case is decided – SIN’s activists may carry out their drugs-related education on the platform without concerns that they will suddenly lose the possibility to communicate with their audience. The decision is now final. What does it mean on the broader scale?

The District Court in Warsaw, in its interim measures ruling, has temporarily prohibited Facebook from removing fanpages, profiles and groups run by SIN (a Polish NGO) on Facebook and Instagram, as well as from blocking individual posts. This means that – at least until the case is decided – SIN’s activists may carry out their drug education without concerns that they will suddenly lose the possibility to communicate with their audience. The court has furthermore obliged Facebook to store profiles, fanpages and groups deleted in 2018 and 2019 so that – if SIN wins the case eventually – they can be restored together with the entire published content, comments by other users, as well as followers and people who liked the fanpages. This is not the only good news: the court has also confirmed that Polish users can enforce their rights against the tech giant in Poland. The court’s decision is not final – after the delivery of the decision, Facebook Ireland will have the right to appeal it with the Appeal Court.

On 7 May 2019 Spoleczna Inicjatywa Narkopolityki (Civil Society Drug Policy Initiative, “SIN”), supported by the Panoptykon Foundation, filed a lawsuit against Facebook in a strategic litigation aimed at fighting private censorship on the Internet. Online platforms act as the ‘gatekeepers’ to online expression, thus gaining tremendous power over the information circulated on the Internet – power which they wield without an adequate accountability or responsibility. Moderation is necessary to fight illegal, harmful content but unfortunately perfectly legal and socially valuable materials often fall prey to it.  We hope that our lawsuit against Facebook will help change this.