Franco Caraccioli v. Facebook, Inc.
Case Law- Country
- Country Location
Latitude: 39.778231903243785
Longitude: -100.8801256788983
- Country Location (Lié Case Law)
- United States
- Decision Date
- 24 mai 2017
- Case Status
- Affaire Résolue
- Case Outcome (Procedural)
- Dismissed
- Case Outcome (Disposition)
- Judgment in Favor of Defendant
- Law or Action Upheld
- Keywords
- Defamation
- Intermediary Liability
- Social Media
- Judicial Body
- Appellate Court
- Case Number
- 16-15610
- Case Summary
The U.S. Court of Appeals for the Ninth Circuit affirmed the district court's dismissal of a claim against Facebook for refusing to remove private images and videos of the applicant posted by an unknown third party. The applicant, Franco Caraccioli, claimed that Facebook was in violation of a number of California state laws. The Court reasoned that all Caraccioli's claims were based on the fact that Facebook was a "republisher" of material posted by a third party and that the claims were, therefore barred by § 230(c)(1) of the Communications Decency Act ("CDA") which provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by others. Further, Facebook did not become the information content provider and therefore subject to liability under the CDA by "merely" reviewing and refusing to remove the questionable material.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Source Name and URL
- Columbia Global Freedom of Expression