Legal News

Revenge Porn Lawsuit May Open “Floodgate” of Lawsuits against Social Media Websites
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

A man poses with a magnifier in front of a Facebook logo on display in this illustration taken in Sarajevo, Bosnia and Herzegovina, December 16, 2015. REUTERS/Dado Ruvic/Illustration/File Photo GLOBAL BUSINESS WEEK AHEAD PACKAGE - SEARCH "BUSINESS WEEK AHEAD JULY 25" FOR ALL IMAGES - RTSJGEL

Summary: A lawsuit filed by a 14-year-old has the potential to open a “floodgate” of revenge porn lawsuits against social media websites. 

A 14-year-old sued Facebook because a naked picture of her appeared on the social media site. According to The Guardian, the case could “open the floodgates for other civil claims” involving revenge pornography.

  
What
Where


The victim filed the lawsuit in Belfast, Northern Ireland. A naked picture of her repeatedly appeared on a Facebook “shame page” because someone wanted to enact revenge on her, and she claims that the social media site was liable. If Facebook loses the case, this could result in a seismic change in how social media companies deal with explicit content.

The case is likely to be heard next year. According to The Guardian, the victim is suing for misuses of private information, negligence, and breach of the Data Protection Act. She is also suing the man who allegedly posted the nude.

The victim’s lawyer said that the photograph was obtained through blackmail and then uploaded to Facebook multiple times. While it was reported and removed, it was never permanently blocked.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




According to Paul Tweed of law firm Johnsons, the case has inspired other victims of revenge porn to seek legal advice.

Tweed told The Guardian, “A case like this risks opening the floodgates for other civil cases to be taken against Facebook and other social media sites. We’ve already seen an increase in the number of people calling to find out more. I can see it being a very real problem for all the social media sites going forward.”



A lawyer for Facebook said that the claim for damages should be dismissed because the photo was removed every time it was reported. They referenced a European law that protected the website from having to monitor its vast amount of content.

Additionally, Facebook pointed out that they have strict community standards that forbid nudity and sexual exploitation.

Currently, Facebook has software in place to ban child abuse images, but in the case of revenge porn pictures, they wait until the image is reported before they can remove them. Critics argue that since Facebook uses technology to catch one type of explicit material they have the ability to stop revenge porn before it is uploaded.

John Carr told the Guardian that although Facebook should police content, the legality of it is messy. Under current EU law, a social media website is immune to what its users post as long as it responds swiftly to reported content. According to Carr, under current law, if Facebook were to try to editorialize its content, then it could potentially be responsible for bad images it missed.

“We need a specific law saying that if companies try and prevent bad content, they won’t lose their immunity if they don’t always get it right,” Carr said.

Source: The Guardian

Photo courtesy of QZ



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

General Municipal Law Attorney with land use experience

USA-CA-Oakland

Oakland office of our client seeks general municipal law attorney with experience advising public ag...

Apply Now

Mid-level Restructuring Attorney with bankruptcy experience

USA-DC-Washington

Washington, D.C. office of our client seeks mid-level restructuring attorney with 4-6 years of exper...

Apply Now

Senior Land Use Attorney with experience

USA-CA-San Francisco

San Francisco office of our client seeks senior land use attorney with 7+ years of experience. The c...

Apply Now

Attorney with 3-5 years of civil litigation experience

USA-IN-Merrillville

Merrillville office of our client seeks attorney with preferably 3-5 years of civil litigation exper...

Apply Now

RELEVANT JOBS

Associate Level Litigation Attorney

USA-SC-Mount Pleasant

Small law firm in Mt. Pleasant, SC seeking associate level litigation attorney with 1-4 years of exp...

Apply now

Legal Associate

USA-TX-Dallas

We are seeking a Legal Associate to become a part of our team! You will provide overall support to a...

Apply now

ISO MID-LEVEL ASSOCIATE FOR BOUTIQUE INTERNATIONAL TRANSACTIONS FIRM

USA-DC-Washington

Successful boutique law firm based in Washington, D.C. seeks mid-level associate to support its cros...

Apply now

Legal Clerk

USA-NY-Rochester

Duties and Responsibilities: Draft miscellaneous documents needed throughout the foreclosure p...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top