Poland: Issued decision on Meta's appeal to suspend enforcement of PUODO's orders banning the display of false advertisements

On 10 December 2024, the Provincial Administrative Court in Warsaw (WSA) denied the appeal filed by Meta Platforms Ireland Limited, which sought to suspend the enforcement of orders issued by the President of the Office for Personal Data Protection (PUODO) banning the dissemination of purportedly false advertisements. The legal dispute pertained to allegations of unauthorised use of personal data and images of journalist Omena Mensah and entrepreneur Rafał Brzoska in advertisements deemed to be deceptive on social media platforms owned by Meta, including Facebook and Instagram. Meta appealed the decision, arguing that compliance would require extensive resources to monitor platforms such as Facebook and Instagram, causing significant harm to its assets. However, the WSA ruled that Meta failed to provide sufficient evidence to meet the legal criteria under Article 61, section 3 of the Law on Proceedings before Administrative Courts, which requires showing significant damage or irreversible effects. The court stated that Meta's arguments were overly general, without specific evidence or a clear connection to the claimed harm. Consequently, the Court found no grounds for interim protection in favour of Meta, thereby upholding the decisions of the PUODO.