20261104 BGH verschiebt Entscheidung

04.11.2026 BGH verschiebt Entscheidung

Landmark Ruling by the European Court of Justice Needed

We have reported many times on how courts are trying to limit the power of Big Tech and how U.S. corporations such as Google, Meta, Microsoft, and Apple use highly paid lawyers to drag out the lawsuits and pay fines—if at all—only after years have passed. Currently, there is a case involving a court that, like the lower courts, would like to find Meta guilty but prefers to leave the ruling to an even higher court.

The question at hand is: Who actually bears responsibility when illegal content is shared on social media platforms? And the Federal Court of Justice (BGH) is at a loss on this matter. HateAid, a civil rights NGO that advocates for human rights in the digital sphere and was awarded the Günter Wallraff Prize for Press Freedom and Human Rights in 2026, describes the case as follows:

Renate Künast has been suing Meta since 2021 over the widespread dissemination of false statements on Facebook. Two courts have already largely ruled in Künast’s favor. According to those rulings, Meta is actually required to remove illegal content without being asked to do so. However, Meta has been resisting taking responsibility on its platforms for years.

That is why no ruling was issued on Tuesday in Karlsruhe: As things stand today, the Federal Court of Justice (BGH) cannot decide to what extent Facebook and other platforms must protect people on their platforms from digital violence. It therefore had to turn to Europe’s highest court, the European Court of Justice (ECJ), to clarify outstanding issues. The decision reached there will be crucial for people across Europe ...

The European Court of Justice’s ruling will set new standards that courts across Europe will have to follow when it comes to digital violence. That’s because the Court must now determine the extent of Meta’s and other companies’ obligations. Are they responsible for the content on their platforms? This ruling is therefore crucial for you as well if you’ve been affected by online hate, writes HateAid in its report on last Tuesday’s hearing. Of course, it’s disappointing that it will now take at least another two years for the CJEU to reach a decision.

P.S. In addition to Ms. Künast’s case, it’s interesting to note that the executive directors of HateAid, Josephine Ballon and Anna-Lena von Hodenberg, were placed under sanctions by U.S. Secretary of State Marco Rubio on December 23, 2025. Aktion Freiheit statt Angst e.V. condemns sanctions against individuals, whether imposed by the U.S. or the EU.