Facebook Asks 3rd Circuit to Review Decision in Complex Section 230 Case

Facebook Asks 3rd Circuit to Review Decision in Complex Section 230 Case

PHILADELPHIA — Facebook asked the full Third Circuit Court of Appeals on Thursday to review last month’s split-panel decision allowing a complex intellectual property and “right of publicity” lawsuit — which challenges Section 230 protections over third-party content and also mentions adult conglomerate WGCZ as co-defendant — to move forward.

The lawsuit, known as Hepp v. Facebook, was originally filed by Philadelphia Fox 29 news anchor Karen Hepp in September 2019, a year after she was "told by coworkers that her photograph was making its way around the internet,” court documents indicate.

“The image depicts Hepp in a convenience store, smiling in the center of the frame’s foreground. But the photograph was taken without Hepp’s knowledge or consent. She knows neither the convenience store’s location nor how the image was posted online. And she never authorized the image to be used in online advertisements for erectile dysfunction and dating websites.”

Hepp’s lawsuit, the filing continues, “included two sets of posts featuring her photograph. She alleged each violated her right of publicity under Pennsylvania law.”

She “seeks to hold liable sites on which her image appeared without her consent on advertisements for a dating app and an erectile dysfunction treatment, and for promoting pornography,” legal news site Law360 reported last week.

Facebook: Decision Fosters 'Speech-Chilling Uncertainty'

Hepp is suing Facebook, Reddit, image-sharing platform Imgur and WGCZ, the European conglomerate behind XVideos, Penthouse and several other adult products and brands, including one of the websites mentioned in the suit.

Last month, a panel of Third Circuit judges reversed a lower court decision, authorizing Hepp’s lawsuit to move forward.

Facebook has now requested an “en banc” review of the panel’s decision, weighing in the opinions of the full Third Circuit.

Facebook, Law360 reported, “slammed the majority's decision for introducing ‘speech-chilling uncertainty’ and argued that it forces other courts to figure out if ‘state-law torts qualify as intellectual property laws.’”

"The majority decision now invites litigants to sidestep [Section 230] and its immunity by repackaging claims as state-law intellectual property claims," the Facebook attorneys argued. "Plaintiffs will have ample incentives to do so, and courts will have precious few tools to divine whether a state law is an intellectual property law or something else, because, unlike Congress, states have no reason to label their laws as such."

In August 2020, before Hepp appealed to the Third Circuit, a district court released WGCZ from the lawsuit, “siding with its argument that it had no longer owned or operated [the site in question] when Hepp sued in September 2019,” Law360 explained.

The cases are Hepp v. Facebook et al., case numbers 20-2725 and 20-2885, in the U.S. Court of Appeals for the Third Circuit.

Main Image: The dating site ad featuring Karen Hepp's image (Source: Hepp v. Facebook)

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

LoyalFans Announces Banksie Collaboration With I-5 Billboard

LoyalFans has announced its new collaboration with content creator Banksie (formerly known as Lindsey Banks) with a billboard on I-5, between L.A. and Las Vegas.

Chaturbate Reaches Settlement With Texas Over Age Verification

Chaturbate’s parent company Multi Media reached a settlement with the State of Texas regarding the state's controversial age verification law, HB 1181.

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to curtail access to adult material in the U.S. through carefully drafted “age verification” legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, has debuted.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge has acquitted former Backpage.com co-owner Michael Lacey, and two co-defendants, of most of the counts remaining from the protracted case launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to stream content from animation studio 3DGspot.

Show More