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FACEBOOK VS FRANCE

FACEBOOK

Facebook to face trial in France over nude painting

A Paris appeals court passed a landmark ruling on Friday after deciding France has jurisdiction to judge a case against US social networking site Facebook which blocked the account of a French teacher who posted an image of a nude painting.

Facebook to face trial in France over nude painting
THe Gustave Courbet painting "The Origin of the World" Is it art or pornography? Photo: AFP

The French court threw out Facebook's appeal after the social media giant argued that only US courts had jurisdiction to hear cases against it.

Instead the court backed the March 2015 ruling which said Facebook's clause forcing all users to agree that any litigation must be based in California, where the site is based, was “abusive.”

Facebook is being sued by a French father of three whose account was blocked after he posted a 19th century painting by Gustave Courbet, “The Origin of the World”, depicting a woman's genitalia.

The irate teacher filed a complaint in a French court saying the site could not differentiate between pornography and art.

But in a hearing on January 22, Facebook's lawyer Caroline Lyannaz argued that the site did not fall under French jurisdiction as users have to sign a clause agreeing that only a California court can rule in disputes relating to the firm.

The social media giant closed its legal arm “Facebook France” in May 2012, meaning complaints have to be filed in the US.

The teacher's lawyer Stéphane Cottineau hailed the court ruling as a “first victory won by David against Goliath”.

“It's hugely significant because this decision creates jurisprudence not just for Facebook but for other social media networks who use their being headquartered abroad, mainly in the United States, to attempt to evade French law,” Cottineau told The Local.

“They might be multi-nationals but the court ruling means they are not outside French law. If they set up in France and contract workers here then French law must be applied to them,” he added.

The lawyer said this was an “abusive clause” as none of the 30 million Facebook users in France “can ever take recourse to French legal jurisdiction in the event of a dispute.”

He now expects a court in France to hear the teacher's case, when it will have to decide whether or not his freedom of expression had been violated when Facebook blocked his account.

Cottineau said he was finally “satisfied” that French courts can now rule over “Facebook's failure to make a difference between art and pornography and the question of freedom of expression on the social network.

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FACEBOOK

Facebook deletes virus conspiracy accounts in Germany

Facebook says it has deleted the accounts, pages and groups linked to virus conspiracy theorists, anti-vaxxers and anti-maskers in Germany who are vocal opponents of government restrictions to control the coronavirus pandemic.

Facebook deletes virus conspiracy accounts in Germany
An anti-vaccination and anti-Covid demo in Berlin on August 28th. Photo: picture alliance/dpa | Christophe Gateau

With just 10 days to go before Germany’s parliamentary elections – where the handling of the pandemic by Angela Merkel’s goverment will come under scrutiny – Facebook said it had “removed a network of Facebook and Instagram accounts” linked to the so-called “Querdenker” or Lateral Thinker movement.

The pages posted “harmful health misinformation, hate speech and incitement to violence”, the social media giant said in a statement.

It said that the people behind the pages “used authentic and duplicate accounts to post and amplify violating content, primarily focused on promoting the conspiracy that the German government’s Covid-19 restrictions are part of a larger plan to strip citizens of their freedoms and basic rights.”

The “Querdenker” movement, which is already under surveillance by Germany’s intelligence services, likes to portray itself as the mouthpiece of opponents
of the government’s coronavirus restrictions, organising rallies around the country that have drawn crowds of several thousands.

READ ALSO: Germany’s spy agency to monitor ‘Querdenker’ Covid sceptics

It loosely groups together activists from both the far-right and far-left of the political spectrum, conspiracy theorists and anti-vaxxers. And some of their rallies have descended into violence.

Social media platforms regularly face accusations that they help propagate misinformation and disinformation, particularly with regard to the pandemic and vaccines.

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