A European court has ruled that Meta, the parent company of Facebook, Instagram, WhatsApp, and Threads, is prohibited from targeting users in the EU with advertisements based on their sexual orientation.
The lawsuit was filed by Austrian lawyer and privacy advocate Max Schrems, who argued that Meta had violated EU data protection laws by targeting him with personalised ads for nearly a decade. Schrems claimed that advertisers on Meta platforms could infer users’ sexual orientation from their online activity, such as app logins and website visits, even when that information wasn’t explicitly provided on their profiles. Meta, however, denied targeting him based on data gathered outside Facebook.
According to Wired, Meta stated that it excludes sensitive data from its advertising algorithms.
The case was escalated to the Court of Justice of the European Union (CJEU) after an Austrian court initially ruled that Meta was entitled to target Schrems because he had openly discussed 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.
In its ruling, the court said, “The fact that Mr Maximilian Schrems has made 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, in order to offer him personalised advertising.”
Schrems’ lawyer, Katharina Raabe-Stuppnig, emphasised the significance of the decision, 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 said the company would review the full ruling once published. He added, “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 has access to a wide range of settings and tools to manage how their information is used.”
The LGBTQ+ community has previously criticised Meta for allegedly failing to moderate 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.
The GLAAD report came after an open letter, signed by over 250 celebrities, including Elliot Page and Laverne Cox, was sent to Meta in June 2023, urging the company to address the surge of anti-trans hate. GLAAD’s findings suggested that this hate speech remained “widespread” in the months following the letter.
Meta responded, “Hate speech has no place on our platforms. We believe people can use their voice 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.”