Poland Requests €250M Fine from Meta over Scam Ads
Poland has asked the European Commission to fine Meta €250 million (approximately $291 million) for scam ads, following a series of actions and court rulings.
Background
The request comes after Poland sent Meta nine written questions on August 18th, seeking information on:
- The scale of scam advertising in Poland
- Meta’s detection of deepfakes
- Verification processes for advertisers
- Time taken to remove reported ads (with a deadline of seven days)
Deputy Minister Dariusz Standerski threatened subsequent actions if the answers were unsatisfactory. This ultimately led to Poland requesting the Commission to open proceedings under the Digital Services Act.
The Legal Ruling
A crucial aspect is a court ruling in March where the Warsaw Court of Appeal rejected Meta’s attempt to claim protection under the DSA’s hosting liability shield. The judgment states that Meta, by "receiving remuneration and offering advertisers support and tools (algorithms)," acts as an active participant in advertising rather than a passive intermediary.
The Dispute’s Catalyst
This request is fueled by a long-running feud involving Rafał Brzoska, founder of parcel locker company InPost. Brzoska has been a victim of fraudulent investment ads using his manipulated likeness, including false claims about his death. Meta suspended his Instagram account after he publicly criticized these ads, which Gawkowski termed "censorship in its darkest form."
Potential Outcome
While the request is significant, the actual fine may be modest compared to the DSA’s maximum penalty of 6% of global annual turnover for very large online platforms. The Commission determines enforcement priorities, and past fines have been in the low hundreds of millions.