Facebook nude-painting case can face trial in France
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| A visitor takes a picture with a phone of Gustave Courbet's 1866 "The Origin of the World," painting which depicts female genitalia at Musee d'Orsay museum, in Paris, France, Friday, Feb. 12, 2016. Facebook lost a crucial legal battle Friday as a Paris court ruled the social network can be sued in France over its decision to remove the account of a French user who posted a photo of Courbet's famous 19th-century nude painting. |
PARIS
(AP) -- If you post a 19th-century nude painting on Facebook, is it art
or impermissible nudity? That question is now cleared for trial in
France, after an appeals court there ruled that an aggrieved user can
sue the social network over the issue.
Five
years ago, Facebook suspended the account of Frederic Durand-Baissas, a
57-year-old Parisian teacher and art lover, without prior notice. That
was the day he posted a photo of Gustave Courbet's 1866 painting "The
Origin of the World," which depicts female genitalia.
Durand-Baissas
wants his account reactivated and is asking for 20,000 euros ($22,550)
in damages. He said he's "glad" he has been given the chance to get some
sort of explanation from the powerful social network.
"This
is a case of free speech and censorship on a social network,"
Durand-Baissas told The Associated Press in a phone interview. "If
(Facebook) can't see the difference between an artistic masterpiece and a
pornographic image, we in France (can)."
The case is an illustration of the tricky line social media sites walk globally when trying to police explicit content.
"It's
another hole in the fabric, at least in Europe, when it comes to users'
rights running counter to the way these companies operate in the U.S.,"
said Steve Jones, a communications professor at the University of
Illinois at Chicago.
"Social networks are
going to have to be much more careful about how they interact with users
and how they summarily make decisions about those users' accounts," he
said.
Facebook has never provided any specific explanation for the suspended account.
"This
case dates back more than five years and Facebook has evolved
considerably since then," spokeswoman Christine Chen said in an emailed
response to a request for comment. "While we are disappointed by today's
ruling on jurisdiction, we remain confident that the court will find
the underlying case itself to be without merit."
The
social network's current "Community Standards" page, which Facebook
revised in March 2015 to provide "more detail and clarity," states: "We
restrict the display of nudity because some audiences within our global
community may be sensitive to this type of content - particularly
because of their cultural background or age."
But
Facebook's current policy - revised well after Durand-Baissas'
suspension - also now appears to allow postings such as a photo of the
Courbet painting. Facebook's standards page now explicitly states: "We
also allow photographs of paintings, sculptures, and other art that
depicts nude figures."
Facebook's nudity
policy has not yet been aired in French court. So far, Facebook lawyers
have argued that under its terms of service, lawsuits like the one filed
by Durand-Baissas could only be heard by a specific court in
California, where Facebook is headquartered. The social network also
argued that French consumer-rights law doesn't apply to its users in
that country because its worldwide service is free.
The
Paris appeals court dismissed those arguments. The ruling could set a
legal precedent in France, where Facebook has more than 30 million
regular users. It can be appealed to France's highest court.
The
appeals court said the small clause included in Facebook's terms and
conditions requiring any worldwide lawsuits to be heard by the Santa
Clara court is "unfair" and excessive. In addition, the judges said the
terms and conditions contract signed before creating a Facebook account
does fall under consumer rights law in France.
"This
is a great satisfaction and a great victory after five years of legal
action," lawyer Stephane Cottineau, who represents the teacher, told The
Associated Press. He said it sends a message to all "web giants that
they will have now to answer for their possible faults in French
courts."
"On one hand, Facebook shows a total
permissiveness regarding violence and ideas conveyed on the social
network. And on the other hand, (it) shows an extreme prudishness
regarding the body and nudity," he said.
The
French government has lobbied Silicon Valley tech giants to take down
violent extremist material, notably after deadly attacks in Paris last
year.
Facebook has had a tough week in France.
France's
independent privacy watchdog said Facebook is breaching user privacy by
tracking and using their personal data, and set a three-month limit
ahead of eventual fines. And the government's anti-fraud agency issued a
formal notice giving the company two months to comply with French data
protection laws or risk sanctions. It notably accused Facebook of
removing content or information posted by users without consultation.
