Honoralia succeeds in getting Facebook to remove defamatory videos published against a resident of Valencia
A Romanian citizen living in Valencia discovered that when searching for his full name, several videos with extremely serious and false accusations appeared on Facebook, including alleged rapes of his own daughters. After going to Honoralia, direct action was considered against Facebook for its responsibility as a platform once it had effective knowledge of the content. Finally, before the preliminary hearing, an agreement was reached that allowed the removal of the publications and compensation of 3,000 euros.
Online reputation lawyers
Platform
Facebook / social network
Counterpart
Online reputation and content removal
Material
Withdrawal of content and compensation of €3,000
Result
Case summary
The case concerned a Romanian citizen who had been living in Valencia for twenty years.
When searching for his full name on the internet, he found several videos on Facebook that attributed extremely serious and false allegations to him, with a clear impact on his honour, reputation, and personal life.
The situation was particularly delicate because the content remained accessible on the social network, amplifying the damage and facilitating its public dissemination.
What were the parties discussing?
The affected party maintained that the videos published on Facebook contained false accusations and gravely infringed upon his honour and reputation.
Furthermore, he argued that the platform should assume responsibility from the moment it had effective knowledge of the unlawfulness of the content and did not take measures to remove it.
The main legal question focused on determining whether Facebook could be held responsible for keeping those posts accessible once it had been warned of their existence and severity.
What settled the case?
Despite the difficulties that usually arise when a publication originates from another country, Honoralia directed the claim against Facebook and obtained a favourable response.
Before the preliminary hearing, an agreement was reached whereby Facebook agreed to the removal of the posts and the payment of a compensation of 3,000 euros.
The outcome made it possible to stop the dissemination of the content and obtain financial compensation for the damage caused.
Platforms can be held liable for the illicit content they host when they have effective knowledge of it and do not act with due diligence.
What does effective knowledge mean
Effective knowledge is the criterion that allows a platform, social network, blog, or search engine to be held responsible when it knows that content is unlawful and, despite this, does not remove it or block access with due diligence.
Traditionally, this knowledge was linked to prior resolutions or clear communications regarding the illegality of the content.
Case law has been expanding its scope, especially in cases of particular seriousness, such that the platform cannot remain inactive when the harmful nature of the content is evident.
Why is this statement relevant?
This case reinforces the idea that social media platforms are not entirely disconnected from the content they host when their illegality is brought to their attention.
It also demonstrates that, even when the originator of the content is in another country or there are competition issues regarding who initially published it, action can be taken against the platform that makes it accessible.
The practical resolution of the conflict confirms the usefulness of resorting to the appropriate legal route to protect honour and online reputation against defamatory publications.
Honoralia's work
Honoralia's legal team analysed the content, assessed the most effective course of action and directed the legal strategy against Facebook.
The intervention focused on establishing the seriousness of the allegations, arguing for the existence of effective knowledge, and demanding both the removal of the content and appropriate compensation.
The performance allowed an agreement to be reached before the preliminary hearing, avoiding further exposure for the affected party and achieving a satisfactory outcome.
Case file
Customer
Area
Online reputation / Right to honour
Service
Content removal and legal action against a platform
Counterpart
Applicable legislation
LSSI and doctrine on effective knowledge
Impact
Protection of honour and a curb on the dissemination of defamatory content
Case process
1
Content detection
The affected party discovers that when searching for their name on the internet, Facebook videos appear with false and seriously defamatory accusations.
2
Legal assessment
Honoralia analysed the case and determined that the most effective action should be taken against the platform hosting the content.
3
Claim against Facebook
Social media platforms' liability for keeping illicit posts accessible, with effective knowledge of their existence, is being raised.
4
Procedural performance
Legal defence of the case is pursued up to the pre-trial phase.
5
Agreement and outcome
Before the preliminary hearing, Facebook accepts a settlement that includes the removal of the videos and the payment of €3,000 to the affected party.
Legal and practical impact
Reinforce the responsibility of the platforms
Social media platforms can be held liable when they host illegal content and fail to act upon being made aware of it.
Protect the right to honour
False and seriously offensive accusations can be fought legally to curb their spread.
Expand the concept of effective knowledge
The seriousness of the content may justify the platform's liability even in complex cases.
Allows for real repair
In addition to the removal of the content, the affected party may obtain compensation for the damages suffered.