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Facebook sued for 'deceptive practices' over disinformation on platform


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Facebook has failed to live up to its promises of creating a “safe” and “error-free” online environment, according to a new lawsuit filed by the press freedom not-for-profit Reporters without Borders.

The organization alleged in a court filing on Tuesday that Facebook is guilty of “deceptive commercial practices” for promising users in its terms of service that it would provide “safe, secure and error-free environment”, one that cannot be used to “share anything (…) that is unlawful, misleading, discriminatory or fraudulent”.

“The reality is quite different,” Reporters Without Borders said in a statement. “[Facebook] allows disinformation and hate speech to flourish on its network – hatred in general and hatred against journalists – contrary to the claims made in its terms of service and through its ads.”

The suit has been filed in France, and names the French and Irish divisions of Facebook. Under European Union law, a business can be sued if it violates Consumer Code, which protects consumers from “deceptive business practices”.

Facebook is unlikely to be forced to make substantial long-term change under the new suit, but such practices under EU law are punishable by two years’ imprisonment and a fine of €300,000 ($356,000). However, for larger companies the fine can be as high as 10% of average annual turnover. Facebook made $86bn in 2020, meaning it could be fined up to $860m or around €720m.

The lawsuit cites a variety of research that underscores how Facebook’s failure to put a stop to misinformation has negatively affected EU users and constitutes a deceptive practice.

For example, Facebook was recently identified as “the hub of vaccine conspiracy theories” in French-speaking communities by the non-profit anti-disinformation organization First Draft. The lawsuit, according to a draft of the complaint, also cites a report that details billions of interactions with deceptive sites on Facebook.

The lawsuit marks the latest stumbling block for Facebook as its international battles with legislators continue, with legislation in Australia forcing the platform to pay publishers, a privacy lawsuit in Belgium threatening to enforce fines against Facebook for privacy violations, and a growing pile of lawsuits against Facebook in the US.

Facebook is also facing pressure from US lawmakers over alleged anti-competitive behavior. One lawsuit, filed against Facebook by a coalition of US attorneys general in December, accuses Facebook of using its power and acquisitions of its rivals to stifle user growth for competing services. A similar suit has been launched by the US Federal Trade Commission (FTC), which is seeking a permanent injunction in federal court that could force Facebook to sell off Instagram and WhatsApp. On Thursday, the company will join other executives in the US to testify about antitrust concerns.



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