Meta may be liable for false adverts
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22 Sep 2026 •
Reading time: 3 minutes
A German court has ruled that Meta may be held liable for the display of fraudulent adverts on Facebook and Instagram.
Hundreds of adverts reported to Meta
The case heard by the Frankfurt am Main Regional Court concerns adverts that used the name, image and logo of a financial firm, as well as those of its founder, without authorisation. These adverts directed users towards purported investment opportunities. In August 2024, the firm in question had reported nearly 260 such cases to Meta. However, similar new adverts continued to appear on the group’s platforms. According to the court, some adverts were only removed after a delay of up to 62 days.
The German court has ordered Meta to remove the adverts in question and to take measures to prevent them from being displayed again. The group must also provide information regarding the adverts and the revenue it generated from their display. The ruling also stipulates that Meta could be held liable for any future damages relating to these adverts.
However, the judgement is not final. Meta still has the option to appeal.
Meta’s advertising system at the heart of the ruling
In determining the company’s liability, the court focused in particular on how its advertising system works.
Advertisements are ranked via an automated auction system. Algorithms then determine which content appears in users’ feeds.
In the view of the Frankfurt Regional Court, this means that Meta exercises a certain degree of control over the display of adverts.
The court also drew on a recent ruling by the Court of Justice of the European Union in the cases concerning WebGroup and Coyote.
This case law concerns the conditions under which online platforms may benefit from an exemption from liability when providing hosting services.
In the German case, the judges ruled that Meta could not automatically invoke Article 6 of the Digital Services Act. This article provides that a hosting service may, under certain conditions, not be held liable for illegal content published by its users. The German ruling therefore suggests that the active role played by Meta’s ad-serving systems may be a factor in assessing its liability.
Meta also criticised in Belgium
In Belgium, Meta has come under criticism for displaying adverts for illegal gambling sites. In 2025, the Gaming Commission reported more than 8,500 adverts to Meta, mainly displayed on Facebook and Instagram. Some of these misused the names, logos or images of licensed Belgian operators in order to instil confidence in internet users.
The regulator has a direct channel for reporting such content. Meta generally removes the reported adverts, but new ones quickly appear under different accounts, visuals or domain names.
There are also concerns regarding young Belgians. Since the minimum age for online gambling was raised to 21, unlicensed operators have continued to use social media to try to attract this audience. MP Alexander Van Hoecke has, in particular, accused Meta of failing to put in place sufficiently effective safeguards to prevent the reappearance of these campaigns.