SOCIAL MEDIA LAWSUITS

Ronald and Martha Wimmer, the parents of a NY murder victim, are suing Facebook after a paramedic pleaded guilty to taking a picture of their daughter's corpse and posting it on the social media website.  The picture has since been removed from Facebook.  However, the Wimmers have told CNN they want their daughter's picture back.  The parents are suing Facebook in hopes of making Facebook turn over the image, identify who may have downloaded the image, and prevent further dissemination of it. 

Facebook's spokesperson, Andrew Noyes, says the case is without merit and claims that Facebook will fight it vigorously.  Legally, he may be right.  Facebook could be protected by the 1996 Communications Decency Act, which states, "...no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."  Generally speaking, the Act protects websites from liability stemming from the publication of information provided by another content carrier or website. 

The rapid rise of social media has resulted in the litigation of several legal issues in the areas of privacy, intellectual property, ID theft, defamation, and self-incrimination.  And, there is little to no legal precedent for many of the social media related issues being raised.

To learn more about the various legal issues involving social media sites, check out Jeff Louis' article "Social Media Lawsuits:  Your Posts and Pics Can Screw You."  Louis discusses issues involving intellectual property use and theft, defamation, and self-incrimination.  Louis appropriately warns us that during the social media age, it is critical for social media users to be familiar with the laws, and how they pertain to social media.  He reminds us that the things we post on social networks and blogs can potentially follow us for the rest of your lives.