Targeted advertising on Facebook at the center of a complaint. The Quebec Court of Appeals has just allowed a class action lawsuit against the American social network over discrimination, reports CBC News Wednesday January 4th.

Algorithmic Discrimination?

Several Canadian Facebook users have criticized the platform for using discriminatory targeted advertising. Advertisers could tailor their ads based on factors like age, gender, or race. Advertisements for job offers or apartments would have used this procedure. Thousands of Quebec residents looking for work or housing since 2016 could join the complaint.

So advertisers would have used Facebook’s targeting to exclude entire demographics from the ads displayed on the platform. A situation that could constitute algorithmic discrimination against certain Facebook users. The appeal was initiated in 2019 before being dismissed in the first instance. The recent decision of the Québec Court of Appeals brings the case back to life.

“We are very pleased with the ruling by the Quebec Court of Appeals, which recognizes that class action lawsuits are an appropriate remedy for claims of general and covert discrimination. Algorithmic discrimination that excludes people like women and older workers from receiving job advertisements is just a modern form (…) of discrimination illegal under the Quebec Charter.”, Audrey Boctor, an attorney at Montreal law firm IMK, responded to the origin of the lawsuit. She believes the lawsuit could lead to a favorable outcome for the alleged victims and is hoping for $100 million in damages.

According to a previous survey by CBC News, almost a hundred companies in the country are said to have used targeted advertising, including government departments. In Canada, targeted advertising is illegal under federal and provincial human rights laws. Companies are not allowed to limit the scope of an ad based on discriminatory criteria such as age, gender, race or religion. Only one “justified professional requirement” or a “specific initiative” could justify an exception according to our colleagues.

Following investigation by Canadian media, Facebook announced in 2020 that it would phase out the targeting of ads related to employment, housing and credit services. However, other types of ads might still be targeted. Contacted by AFP, Facebook assures “Promote non-discrimination and fairness in (their) advertising systems”however, declined to comment on the Quebec Court of Appeals’ decision.

For Sonja Solomun, associate director of the Center for Media, Technology and Democracy at McGill University (Montreal), the class action lawsuit could well change social media advertising practices in Canada. “I think this case has repercussions that go well beyond Facebook”she assured.