The social network Facebook must remove fake advertisements about Dutch millionaire and media tycoon John de Mol, according to a Dutch court order. If Facebook fails to comply, it will face a fine of 10,000 euros per day, which can rise up to one million euros.
In addition, the Dutch court has ruled that Facebook must disclose the identity of the advertisers, enabling those affected to take legal action. The name and photo of the Dutch media magnate, who is internationally renowned as the owner of many successful TV formats, have been used without permission in advertisements on Facebook by the (anonymous) operators of bitcoins and other 'internet currencies'.
Not only De Mol is affected; this also applies to other Dutch artists and TV personalities such as Humberto Tan, Alexander Klöpping, Jort Kelder, Eva Jinek, and Marco Borsato. Two weeks ago, eleven prominent figures published a statement emphasizing once again that swift action is necessary.
The Dutch court's ruling could have worldwide consequences for Facebook. In recent months, lawyers for De Mol and Facebook have tried behind the scenes to reach an agreement, but De Mol insisted on a binding ruling regardless. He had requested the court to impose a total ban on his name and photo on Facebook through a filter, but the court found this too extreme.
The Dutch court stated that Facebook’s technicians have already demonstrated they can specifically remove certain posts or advertisements. The court left it to the social network to decide how to proceed in doing so.
The case was filed by the media magnate at the end of May. De Mol demanded immediate measures from Facebook against fraudulent advertisements. In an initial reaction, De Mol said he was pleased with the ruling. Facebook announced it would "examine" the ruling. In a statement sent to Dutch public broadcaster NOS this weekend, the company called fake advertisements "an international and industry-wide problem we unfortunately have not yet solved."
The social network also promises to launch an online form early next month for Dutch users to more effectively report fake advertisements.
Facebook must start blocking the contested advertisements within five days. Failure to do so will cost the company 10,000 euros per day, up to a maximum of one million euros. Failure to provide information about the advertisers may cost up to 100,000 euros.