First appeared in NewsBreak
By Aron Solomon
Meta Platforms Inc. and a prominent Philadelphia news anchor have reached a settlement in a legal battle that alleged the social media giant permitted the unauthorized use of her image in explicit advertisements on Facebook.
As Bloomberg Law first reported, the lawsuit emerged in the wake of Facebook’s highly-publicized privacy scandal in 2018 involving Cambridge Analytica, which unlawfully extracted data from millions of Facebook users without their consent.
At the center of the news anchor’s claims against Meta Platforms was the allegation that her likeness was employed without permission in risqué ads on Facebook. Karen Hepp, the news anchor, contended that an image of her captured by a store’s security camera was exploited in dating and erectile dysfunction promotions on the social media platform without her consent.
This lawsuit had previously prompted a divided ruling by a panel of judges from the Third Circuit, asserting that online platforms could be held accountable for user-generated content that breaches state laws.
The settlement emerged as part of a broader agreement totaling $725 million between Facebook and users who alleged that the company had illicitly shared their data with third-party entities, including advertisers and data brokers.
The resolution reached between Meta Platforms Inc. and the Philadelphia news anchor illuminates the evolving landscape of internet content regulation. Traditionally, online platforms have enjoyed legal protection under Section 230 of the Communications Decency Act, shielding them from liability for user-generated content.
However, the Third Circuit panel’s ruling in this case implied that online platforms might be held responsible for user-generated content that violates state laws, raising significant implications for the oversight of internet content.
The settlement arrives at a time of mounting concerns surrounding online privacy and data safeguarding. The $725 million agreement between Facebook and affected users represents one of the largest privacy-related settlements in history, underscoring the gravity of the issue.
This development harkens back to a bygone era, reminiscent of a privacy violation case predating the ubiquity of Facebook and our unrelenting attachment to smartphones.
In 2008, Erin Andrews, a prominent American sports reporter and television personality, discovered that she had been surreptitiously filmed while undressing in her hotel room by an individual named Michael David Barrett. Barrett had tampered with the peephole of Andrews’ hotel room door and illicitly recorded videos without her consent.
After the leaked videos emerged online in 2009, Andrews filed a lawsuit against Barrett, as well as the hotel franchise, Marriott International, and its operator, West End Hotel Partners. Andrews accused the hotel of negligence, contending that they had failed to safeguard her privacy and permitted Barrett to book the adjacent room without notifying her adequately.
The trial took place in 2016, culminating in a jury verdict that found Barrett liable for invading Andrews’ privacy, resulting in an award of $55 million in damages. However, the jury also attributed partial responsibility to the hotel, holding them accountable for 49% of the total damages, while Marriott International was absolved of liability.
The case attracted substantial media attention, shedding light on concerns of privacy invasion and hotel security. It underscored the significance of personal safety and privacy, particularly for individuals in the public eye. The lawsuit and subsequent verdict propelled discussions on the necessity for stricter security measures in hotels to safeguard guests against such incidents.
“These cases draw much-needed attention to the crucial importance of privacy, particularly in an era where the boundaries between the privacy we rightfully expect and the all-too-common violations have become increasingly blurred,” remarked Michael van der Veen, a Philadelphia-based attorney.
About Aron Solomon
A Pulitzer Prize-nominated writer, Aron Solomon, JD, is the Chief Legal Analyst for Esquire Digital and the Editor-in-Chief for Today’s Esquire. He has taught entrepreneurship at McGill University and the University of Pennsylvania, and was elected to Fastcase 50, recognizing the top 50 legal innovators in the world. Aron has been featured in Forbes, CBS News, CNBC, USA Today, ESPN, TechCrunch, The Hill, BuzzFeed, Fortune, Venture Beat, The Independent, Fortune China, Yahoo!, ABA Journal, Law.com, The Boston Globe, YouTube, NewsBreak, and many other leading publications.
A Pulitzer Prize-nominated writer, Aron Solomon, JD, is the Chief Strategy Officer for AMPLIFY. He has taught entrepreneurship at McGill University and the University of Pennsylvania, and was elected to Fastcase 50, recognizing the top 50 legal innovators in the world. Aron has been featured in Newsweek, The Hill, Fast Company, Fortune, Forbes, CBS News, CNBC, USA Today, ESPN, TechCrunch, BuzzFeed, Venture Beat, The Independent, Fortune China, Abogados, Today’s Esquire, Yahoo!, ABA Journal, Law.com, The Boston Globe, and many other leading publications across the globe.
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