European Court Bans Meta from Targeting Users Based on Sexual Orientation

In a landmark ruling, the Court of Justice of the European Union (CJEU) has prohibited Meta, the parent company of Facebook, Instagram, WhatsApp, and Threads, from targeting users in the EU with advertisements based on their sexual orientation.

The decision comes after a lengthy legal battle initiated by Austrian lawyer and privacy advocate Max Schrems.

Schrems argued that Meta had violated EU data protection laws by targeting him with personalised ads based on his sexual orientation, inferred from his online activity. Meta denied these allegations, stating that it excludes sensitive data from its advertising algorithms.

The case was escalated to the CJEU after an Austrian court initially ruled in Meta’s favour, citing Schrems’ open discussion about his sexuality at a public event. However, the CJEU overturned this ruling, stating that a person’s sexual orientation cannot be used for targeted advertising, even in such circumstances.

“The fact that Mr Maximilian Schrems has ade a statement about his sexual orientation on the occasion of a public panel discussion does not authorise the operator of an online social network platform to process other data relating to his sexual orientation, obtained outside that platform, to offer him personalised advertising,” the court said in its ruling.

Schrems’ lawyer, Katharina Raabe-Stuppnig, highlighted the decision’s significance, stating, “It’s really important to set ground rules… some companies think they can disregard them to gain a competitive advantage.”

Meta spokesperson Matt Pollard responded to the ruling, saying, “Meta takes privacy very seriously and has invested over five billion euros to embed privacy at the heart of all of our products. Everyone using Facebook can access a wide range of settings and tools to manage how their information is used.”

This ruling comes amidst ongoing criticism from the LGBTQ+ community regarding Meta’s handling of hate speech. A report by GLAAD in March accused Meta of allowing posts with anti-trans slurs, “groomer” accusations, and pro-conversion therapy content to remain on its platforms despite these posts being flagged.

Meta responded to these allegations, stating, “Hate speech has no place on our platforms. We believe people can use their voices and connect more freely when they don’t feel attacked for who they are. That’s why we don’t allow hate speech on Facebook, Instagram, or Threads.”

The CJEU’s ruling is a significant step forward in protecting the privacy and rights of LGBTQ+ individuals online. It sends a clear message to tech giants like Meta that targeting users based on their sexual orientation is not only unethical but also illegal in the EU.

As we await Meta’s response to the full ruling, the LGBTQ+ community will be watching closely to ensure that these new standards are upheld.

Last Updated on Oct 18, 2024