US court revives suit against Facebook over TV host's image

PHILADELPHIA (AP) — A federal appeals court has revived a Philadelphia newscaster’s lawsuit against Facebook over the unauthorized use of her image in advertisements for dating sites and sex-related products that ran on the site.

A divided panel concluded that Facebook is not immune from Fox 29 host Karen Hepp’s claim that the advertisements violated her right to control her public image and reputation.

U.S. Circuit Judge Thomas Hardiman, writing for the 2-1 majority, said the suit falls under the narrow carveout for intellectual property claims under Section 230 of the Communications Decency Act. The act largely protects internet providers from liability for third-party content.

However, Hepp argued that she is a public figure whose image was used to sell what she called “prurient” goods and services on Facebook without permission or compensation.

The case is being closely watched by interest groups on both sides, and could reach the U.S. Supreme Court given its split with a ruling on the issue from the Ninth U.S. Circuit in San Francisco.

The Electronic Frontier Foundation and other free-speech groups filed an amicus brief in support of Facebook in the case, while the Screen Actors Guild filed one in support of Hepp.

"In the twenty-five years since the Communications Decency Act was passed, there are precious few cases interpreting Section 230’s intellectual property provision," Hardiman wrote.

His panel concluded that the carveout includes not just federal intellectual property laws, as the Ninth Circuit had found, but state claims like Hepp's as well.

“Facebook is right to argue that 230 seeks to promote a free exchange of ideas on the internet,” Hardiman wrote. ”(But) simply put, a state law can be a ‘law pertaining to intellectual property,’ too.”

The case will...