Social Media Means
Social Media Means
Photo: Lisett Kruusimäe
Facebook has long had the same public response when questioned about its disruption of the news industry: it is a tech platform, not a publisher or a media company.
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Read More »The suit, filed by an app startup, alleges that Mark Zuckerberg developed a “malicious and fraudulent scheme” to exploit users’ personal data and force rival companies out of business. Facebook, meanwhile, is arguing that its decisions about “what not to publish” should be protected because it is a “publisher”. In court, Sonal Mehta, a lawyer for Facebook, even drew comparison with traditional media: “The publisher discretion is a free speech right irrespective of what technological means is used. A newspaper has a publisher function whether they are doing it on their website, in a printed copy or through the news alerts.” The plaintiff, a former startup called Six4Three, first filed the suit in 2015 after Facebook removed app developers’ access to friends’ data. The company had built a controversial and ultimately failed app called Pikinis, which allowed people to filter photos to find ones with people in bikinis and other swimwear. Six4Three attorneys have alleged that Facebook enticed developers to create apps for its platform by implying creators would have long-term access to the site’s huge amounts of valuable personal data and then later cut off access, effectively defrauding them. The case delves into some of the privacy concerns sparked by the Cambridge Analytica scandal. For years, Facebook has been saying publicly ... that it's not a media company. This is a complete 180
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Read More »Facebook has rejected all claims. Mehta argued in court Monday that Facebook’s decisions about data access were a “quintessential publisher function” and constituted “protected” activity, adding that this “includes both the decision of what to publish and the decision of what not to publish”. David Godkin, an attorney for Six4Three, later responded: “For years, Facebook has been saying publicly that it’s not a media company. This is a complete 180.” “It’s politically expedient to deflect responsibility for making editorial judgements by claiming to be a platform,” he said, adding, “But it makes editorial decisions all the time, and it’s making them more frequently.” In the Six4Three case, Facebook has also cited Section 230 of the Communications Decency Act, US legislation that paved the way for the modern internet by asserting that platforms cannot be liable for content users post on their sites. In court filings, Facebook quoted the law saying providers of a “computer service” should not be “treated as the publisher” of information from others. “It just strikes me as fundamentally problematic,” said Jane Kirtley, a professor of media ethics and law at the University of Minnesota. “On one hand, you’re trying to argue you’re this publisher making editorial judgments. But then they turn around and claim they are protected under [Section 230] because they are not publishers.”
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Read More »Natalie Naugle, Facebook’s associate general counsel for litigation, defended the company’s legal strategy in a statement to the Guardian, saying: “Facebook explained in today’s hearing that we decide what content to make available through our platform, a right protected by Section 230. Like many other technology companies, we rely on the discretion protected by this law to police bad behavior on our service.” But, she added, it was difficult to define Facebook’s media role using traditional terms like publisher: “What we’re navigating is a space where the language we have to date does not match the technology that has now been developed.”
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