Facebook Alleged Sexual Abuser Identification Class Action Lawsuit Overview:
- Who: A judge ruled not to certify a lawsuit filed against Facebook by a man who was named on a page that identified alleged sexual abusers.
- Why: The plaintiff wanted Facebook to prevent the publication of lists accusing people of sexual abuse who have not necessarily been accused of a crime, arguing his reputation was damaged.
- Where: The lawsuit was being heard in Quebec.
Facebook is not obliged to prevent its users from creating a Facebook page on which they publicly name alleged sexual abusers, a Quebec Superior Court judge has ruled.
Quebec Superior Court Judge Martin Sheehan recently ruled not to certify Plaintiff Charles Lehouillier-Dumas’ class action lawsuit against Facebook Inc. and Facebook Canada Ltd., the Montreal Gazette reports.
Lehouillier-Dumas filed the class action complaint against the tech giant alleging certain people’s reputations had been damaged by having their names appear on the page “Dis Son Nom” — or “Say His Name.”
He alleged that Facebook had an obligation to prevent the publication of lists accusing people of sexual abuse when they have not necessarily been accused of a crime.
He added that, even if the publication was not prevented, Facebook had a responsibility to take down the list once complaints about it were made.
However, the Superior Court ruled that Facebook does not have an obligation to prevent the publication of defamatory material and that the company does not have the same obligations as a traditional media company.
“Mr. Lehouillier-Dumas’s claim that Facebook had an obligation to prevent the publication of the list is unfounded,” Sheehan ruled, saying Facebook does not have the same responsibilities around hosting defamatory content on its site as other media websites.
“If this proposition of the plaintiff were to be accepted, it would have the effect of granting everyone the power to censor the words of others solely on the basis that this content could be considered unpleasant or offensive by the person denounced.”
This is not the first time Facebook has faced legal action in Canada. In 2020, the company agreed to pay $9.5 million to settle allegations by Canada’s Competition Bureau that it had misled Facebook users about third party access to their data.
Do you think Facebook should be responsible for potentially defamatory content posted on its site? Let us know in the comments.
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