It is now possible to sue Facebook in France. The High Court of Paris has declared the competent judge Thursday to Facebook Internet giant US . A decision that fell as a result of the assignment of a user who criticizes the juggernaut of social networks have censored his account.
The decision, which implies de facto that the French courts may consider the US Facebook, has an exemplary character at a time when the government is looking for new tools to fight against messages drifts Hate on the Internet including empowering social networks, hosts and ISPs.
Facebook censorship because of The world of Origin
Everything has started with a complaint brought by a teacher father of three children. He gave the US giant because he accused of censoring his account on which he posted a photo of the painting by Gustave Courbet, The origin of the world is a female.
But Facebook’s lawyer challenged at the hearing on 22 January the jurisdiction of the French court to hear the case, explaining that the user had agreed by registering on the website of the general conditions use which provides that in case of dispute, only a state court in California, where the company headquarters is competent.
Me Caroline Lyannaz had also refuted the idea that the network Social can face the law of French consumption because, had she argues, “the service is free” and that’s the surfer who takes the initiative to open an account. Arguments that were rejected by the Paris Court.
A clause deemed “abusive”?
“As I understand it, and if we follow your logic, none of the 22 million users Facebook in France will never enter a civil French court in litigation, “retorted her counsel for the user, Stéphane Cottineau, citing” an unfair term. ” In its order for Thursday, the court held in particular “abusive” claude exclusive competence, must be signed by all Facebook users.
The US giant has closed its May 2012 legal structure “Facebook France” and no longer in France as a sales representative, “said the lawyer who has been forced to assign Facebook Inc. in the United States.
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