TOS are not laws. In fact, they often partially violate laws and those parts are then void. In some countries, anything written in TOS that is not "expected to be there" is void.
TOS are not laws. In fact, they often partially violate laws and those parts are then void. In some countries, anything written in TOS that is not "expected to be there" is void.
Ok but I don’t really see why this specific term would violate any law? Do we really want a society where platforms are forced to present speech that is harmful to them? If you own a store and I put a sign up on your wall advertising a rival store wouldn’t it be reasonable for you to disallow that?
An alternative reply, with analogy, if you like them:
You own a restaurant, where you sell poisoned (intentionally and knowingly) food. A group of people band up for class action lawsuit for poisoning them, and have the lawyers post a sign at your restaurant, that everyone poisoned there should reach out and get some compensation.
Should you be allowed to take the sign down?
They shouldn't be allowed to put the sign up unless it's court ordered.
I know this answer doesn't pass the vibes test, but it's how the law actually works. If you post a sign on someone's property without permission, you'll get in trouble for trespassing, vandalism, or both.
So get a judge to issue an order. In a serious situation, they very well might.
It’s not a rival store, or speech against them.
It’s a lawsuit, with the users of the platform as the damaged party, against the platform. Removing the possibility to reach the users should result in a default judgement with maximum damages immediately.
No one says ToS are laws and especially not the parent commenter.
The parent comment brings up the ToS as an example of why it's naive to believe Meta is obligated to do something, but what Meta is obligated to do depends on the law.
And which laws state that Meta is obligated to show ads like this?
Irrelevant. My point is that the parent comment did imply that the ToS created obligations for Meta in the way that laws do, which means your first comment was incorrect.
They absolutely didn't imply that. They implied that Meta doesn't want to show the ads so it's native to think Meta would just show the ads without being forced to. Which is correct.
I kind of wish countries would just define, "terms of service" for everyone and not allow companies to modify them further.