Facebook lawsuit: Angel Fraley vs. Facebook, Inc.

Before the internet, people had a good deal of control over their public and private interactions. There might be overhearers sometimes, but typically, you were aware if someone was seated nearby or had picked up the phone in the other room. Online interaction, specifically social media, has complicated the issue considerably. For example:

Below, is part of an email I received from Facebook last week, one of many the site sent out to users in the past few months.

Facebook's new "sponsored stories" feature, which allows businesses to promote individual members' activity so that it's more likely to be seen by others, has landed them in hot water. Five members of the site filed a lawsuit on behalf of all members.

Part of Facebook's response was as follows:

"With respect to the right of publicity claim, Facebook argued that the Sponsored Stories were "newsworthy" within the meaning of the statute because users are "public figures to their friends." The court disagreed, holding that the newsworthiness exemption does not apply to "commercial rather than journalistic" uses. The court went on to state, however, that the fact that users might be "celebrities to their friends" was sufficient to establish that the users had commercially exploitable names and likenesses protected under the statute." (Click here for more).

Facebook then proposed a $10 million settlement, which was initially rejected by a District Judge Seeborg. Later, a revised settlement was approved for $20 million. It will be dispersed by giving up to $10 to each member who submits a valid claim and the rest will go to non-profits that are:

"involved in educational outreach that teaches adults and children how to use social media technologies safely, or are involved in research of social media, with a focus on critical thinking around advertising and commercialization, and particularly with protecting the interests of children." (Read the rest of the legal notice here).

From a linguistics perspective, this is a fascinating event involving the concept of public versus private discourse and how the boundaries are negotiated.