French court issues mixed ruling in Facebook nudity case
Law Journals
A French court ruled Thursday that Facebook failed to fulfill its contractual obligations by closing without prior notice the account of a user who posted a photo of a famous 19th century nude painting.
But the Paris civil court also refused to order the company to restore the account or pay damages as requested by the user, a primary school teacher and art lover. The court said no damages were warranted because he didn't prove any harm suffered due to the account's closure and there was no need to order the account reopened because he was able to set up a new account immediately.
The court also said the 60-year-old Parisian teacher, Frederic Durand-Baissas, didn't prove the deactivation was caused by his posting of the painting.
The judge wrote that Durand-Baissas also didn't provide evidence that he lost contact information for hundreds of "friends," as his lawyer argued during a trial last month.
The plaintiff claimed his profile was suspended in 2011 hours after he posted a photo of Gustave Courbet's "The Origin of the World," a painting from 1866 that depicts female genitalia. He asked the court to order Facebook to reactivate his initial account and to pay him 20,000 euros ($23,500) in damages.
His lawyer, Stephane Cottineau, said that the decision was disappointing and that he would appeal the ruling.
Related listings
-
High court: Held immigrants can't get periodic bond hearings
Law Journals 03/16/2018The Supreme Court ruled Tuesday that immigrants the government has detained and is considering deporting aren't entitled by law to periodic bond hearings.The case is a class-action lawsuit brought by immigrants who've spent long periods in custody. T...
-
Supreme Court declines to take up 'Dreamers' case for now
Law Journals 03/16/2018The Supreme Court on Monday rejected the Trump administration's highly unusual bid to bypass a federals appeals court and get the justices to intervene in the fate of a program that protects hundreds of thousands of young immigrants from deportation....
-
Delay in Nevada gun buyer law draws protests at court debate
Law Journals 03/06/2018A lawyer seeking a court order to enforce a Nevada gun buyer screening law that has not been enacted despite voter approval in November 2016 blamed the state's Republican governor and attorney general on Friday for stalling the law."For either person...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.