By Eric King-
Facebook has lost a legal bid to stop a 14-year-old girl from suing them over a naked photo posted on a “shame page.” The social network argues their actions are protected under European law.
The unnamed teenager, is suing for misuse of private information, negligence, and breach of the Data Protection Act, after a naked photo was posted on a “shame page” several times between November 2014 and January 2016.
They argue that Facebook failed to block re-publication of the picture by using a tracking process to identify the image. T
Attorney’s for Facebook have argued that the claim for damages don’t stand up because the company took down the photos when it was notified. They also made reference in their defence to a European directive which they say safeguards them from liability due to having to monitor vast amounts of material uploaded online.
Her lawyers are also taking legal action against the man who allegedly posted the picture on the site. The case against both Facebook and the man behind the photo will now move to full trial in Belfast.
This is the first case of its kind in the UK, though not the first issue of it’s kind to occur in other countries. Victory for the girl would open the door to a flood of other claims.
On the face of the evidence, it is harsh to hold facebook responsible for actions taken by others. If the social media giant took the picture off when notified, it is difficult to see any legal basis for liability.
Only last week, the social network came under fire for removing a famous image of a naked girl running away from a napalm attack during the Vietnam War. Facebook claimed it violated the site’s standards on nudity, but eventually backtracked, following public outrage in Norway, prompted by the Norwegian Prime Minister.