Facebook Liability

Facebook Civil Lawsuit Libel

Parents held liable for children’s facebook activity? #facebook #lawsuit #libel

A court of appeals has just put parents on the hot seat for libel when they ruled parents can be held accountable for a child’s activities on the social media site facebook. The distinction the court made centered upon the parent’s failure to remove or investigate the activity, even though school officials had disciplined the student. #Lawsuit #facebook #libel

“parents are not held responsible for the acts of their children, but instead for inadequately controlling their children.”

Liability arose when the adults did not tell the kid to delete the page and made no effort to determine whether the false and offensive information allegedly posted by the child could be corrected, deleted, or retracted. The Court found, “Parents may be held directly liable, however, for their own negligence in failing to supervise or control their child with regard to conduct which poses an unreasonable risk of harming others.”

Important: Once aware of the activity, parents should investigate and take corrective action.

 

Under Florida law parents are already strictly liable for the actions of minor children in operating automobiles says our source, Board Certified Civil Trial Lawyer, Alan Wagner of Tampa, Florida. Florida law also provides for criminal liability of parents for failing to have children attend school. Liability can also arise from storing or leaving a loaded firearm within easy access to a child. The Stetson Law Review has published an article on parental responsibility statutes. The legal scholar noted “[U]nder parental responsibility statutes, parents are not held responsible for the acts of their children, but instead for inadequately controlling their children.”

Alleged Facts on facebook Libel Lawsuit Case

 

Here are the facts, straight from the Court with the names of the parties deleted. ” In early May 2011, [XXXXX], who was 13 years old, and his friend, [YYYYY], agreed to have some fun at a classmate’s expense by creating a fake Facebook page for that person. [XXXXX] selected [ZZZZZ], a fellow seventh-grader, as their target, and [YYYYY] agreed. [YYYYY] , posing as ZZZZZ, created a Yahoo e-mail account to use to create a new Facebook account, and gave that information to [XXXXX]. On May 4, using a computer supplied by his parents for his use and the family Internet account, [XXXXX] posed as [ZZZZZ] to create a new Facebook account, using the Yahoo e-mail address and the password[YYYYY] supplied. For the profile photo, [XXXXX] used a photo that he had taken of [ZZZZZ] at school, after altering it with a “Fat Face” application. “

“The unauthorized profile and page remained accessible to Facebook users until Facebook officials deactivated the account on April 21, 2012, not long after the [alleged victim’s]  filed their lawsuit on April 3, 2012. During the 11 months the unauthorized profile and page could be viewed, the [parents] made no attempt to view the unauthorized page, and they took no action to determine the content of the false, profane, and ethnically offensive information that [the child] was charged with electronically distributing. “

Complete Opinion of the Court Finding Facebook Parent Liable

Video of Law School Professor and W.F. Casey Ebsary Jr on Facebook Liability Issue


Previous  Facebook Articles on Centrallaw

Need To Know Facebook Personal Information Disclosures!

www.centrallaw.net/2014/07/facebook-account-information-court.html
Facebook Circuit Trial Court Order was too intrusive says FloridaCourt

Feds on Facebook | Social …

www.centrallaw.net/2010/10/criminal-defense-attorney-feds-on.html
We believed that the feds watch Facebook, MySpace, Twitter, Flickr and

Courts and Social Media | facebook

www.centrallaw.net/2010/10/criminal-defense-and-social-media.html
Finally an experienced federal defense attorney noted, “The [NLJ] article’s suggestion that defendants use Facebook as a sentencing resource ..

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