SKP Law Firm Obtains Interim Injunction Ordering Meta Platforms to Cease Displaying Ads Infringing the Rights of Ms. Omena Mensah and Mr. Rafał Brzoska

22. 11. 2024

The SKP Law Firm Ślusarek Kubiak Pieczyk represents Ms. Omena Mensah and Mr. Rafał Brzoska in legal actions aimed at protecting their rights in connection with advertisements displayed on Meta’s platforms.
 
Meta Platforms has been disseminating on Facebook and Instagram advertisements featuring Mr. Rafał Brzoska’s image manipulated using deepfake technology, as well as ads containing fake news about Ms. Omena Mensah, which redirected users to links promoting investments on unverified investment platforms. In August of this year, the President of the Polish Data Protection Authority (UODO) issued a decision imposing an interim measure prohibiting Meta Platforms from processing the personal data of Ms. Omena Mensah and Mr. Rafał Brzoska in advertisements. The case was subsequently referred by the UODO to the competent supervisory authority in Ireland, where Meta is headquartered.
 
In parallel with the data protection proceedings, a civil lawsuit for the protection of personal rights (infringement of personality rights) was filed before the Regional Court in Warsaw on behalf of Ms. Omena Mensah and Mr. Rafał Brzoska.
 
We are pleased to announce that on 7 November this year, the Regional Court in Warsaw issued a ruling granting interim relief in the case. At this preliminary stage, the Court found the claims of Ms. Mensah and Mr. Brzoska to be sufficiently substantiated and issued an injunction prohibiting the further display of, and acceptance of, new advertisements containing deepfakes of Mr. Rafał Brzoska or fake news about Ms. Omena Mensah. The Court also warned Meta Platforms that any violation of these prohibitions would result in the imposition of a financial penalty.
 
The Court’s decision is a landmark ruling in the Polish legal system—it acknowledges that advertisements containing deepfakes and fake news may constitute a violation of image rights and reputation. More importantly, it establishes that online platforms may be held liable for the advertisements they display.
 

This is a groundbreaking ruling on a European scale. It clearly indicates the responsibility of online platforms for advertising content and the need to implement safeguards preventing the dissemination of harmful advertising materials commented advocate Maciej Ślusarek, attorney representing Ms. Omena Mensah and Mr. Rafał Brzoska.

 
The case is being handled by Maciej Ślusarek and Aleksandra Szwajkowska on behalf of the SKP Law Firm.

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