Google, Meta, TikTok defeat Austria’s plan to combat hate speech

The Court of Justice of the European Union (CJEU) ruled that Austria cannot force Google, Meta, and TikTok to pay millions in fines if they fail to delete hate speech from their popular social media platforms. Austria had attempted to hold platforms accountable for hate speech and other illegal content after passing a law in 2021 requiring tech giants to publish reports as often as every six months detailing content takedowns. Like the European Union's recently adopted Digital Services Act, the Austrian law sought to impose fines—up to $10.69 million—for failing to tackle illegal or harmful content. However, soon after Austria tried to enforce the law, Google, Meta, and TikTok—each with EU operations based in Ireland—challenged it in an Austrian court. The tech companies insisted that Austria's law conflicted with an EU law that says that platforms are only subject to laws in EU member states where they're established. CJEU agreed with tech companies, deciding that the language of Austria's law was too general and abstract, potentially applying to too many platforms without distinction. The court ruling said that allowing Austria to enforce the law risked restricting "the free movement of information society services" between EU member states and undermining "mutual trust" between member states.