5/6/2023 0 Comments Fb contact bar rightCongress’s policy goal, codified in the text of the CDA, was to “to preserve the vibrant and competitive free market that present exists for the Internet. The effect is to immunize ISPs from most forms of liability for content originating with third party users of their services. It states that ISPs, like Facebook, shall not be “treated as the publisher or speaker of any information provided by another information content provider.” 47 U.S.C. She sought to an injunction requiring each company to remove her image immediately from its service, as well as compensatory damages.įacebook, Reddit and Imgur jointly moved to dismiss Hepp’s claims, arguing that they were barred by Section 230(c) of the CDA. Hepp alleged that Facebook, Reddit and Imgur violated her statutory and common law rights of publicity by “appropriat likeness, which has commercial value, and us same for commercial purposes without plaintiff’s written consent.” She alleged further that each company’s actions had caused “serious, permanent and irreparable harm to reputation,” which she had built up over her decades-long journalism career. Pennsylvania common law provides a similar cause of action where a defendant “appropriat valuable name or likeness, without authorization” and uses it “to defendant’s commercial advantage.” Eagle v. § 8316(e), by creating a right of action to enjoin the unauthorized use of such name or likeness for a commercial or advertising purpose, and to recover damages for any loss or injuries caused by such use, id. § 8316, protects those whose names and likenesses have “commercial value,” which is “developed through investment of time, effort, and money,” id. The Pennsylvania statutory right of publicity, codified at 42 PA. (Imgur), among several other defendants, in the United States District Court for the Eastern District of Pennsylvania, alleging that each had violated Pennsylvania’s statutory and common law right of publicity laws. On Facebook, the photograph appeared in an advertisement for the dating service FirstMet, alongside text soliciting Facebook users to “meet and chat with single women.” On the social media platform Reddit and on the image-hosting service Imgur, the photograph appeared alongside derogatory and indecent user commentary about Hepp’s physical appearance. ![]() ![]() Sometime in 2017, a New York City convenience store security camera captured a photograph of Hepp without her consent, and the photograph subsequently appeared on numerous internet platforms. Karen Hepp co-anchors a television morning show on Philadelphia’s Fox affiliate, WTXF, and has been a professional journalist for more than two decades. Federal appellate courts have rarely addressed the applicability of Section 230(c) to state intellectual property law claims, and the Third Circuit’s decision is also noteworthy for its thorough discussion of the issue. In so ruling, the Third Circuit split with a leading Ninth Circuit opinion holding that internet service providers (ISPs) are immune from all state intellectual property law claims. (Facebook) from a Philadelphia news anchor’s Pennsylvania statutory right of publicity claim. This may be a bug, but it looks like a feature, and may be something to experiment with.On Septemthe United States Court of Appeals for the Third Circuit held that Section 230(c) of the Communications Decency Act (CDA), 47 U.S.C. That's interesting because, as noted, that lower tab is a prime area to promote on-platform activity, and it's somewhat surprising to see Facebook give you the option to essentially remove quick links that can promote more engagement. I could also remove the Pages tab, leaving me with just two. ![]() Now it seems that Facebook's going to give more control back to users on this front, which could help it encourage more activity.īut what I found particularly interesting in this new update - and as you can see in the image above - is that you can delete tabs from your lower navigation bar and not replace them with anything.Īs shown in the second screenshot (right), when I removed the 'Marketplace' tab, I was left with just three tabs remaining. But aside from personal preferences, Facebook has also traditionally used the lower navigation bar to promote its latest options - like Facebook Watch or Marketplace. Facebook's been working on better personalizing the lower navigation bar since August last year, so you may have noticed it change a few times (as I have).
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