Companies—especially those based outside the U.S.—sometimes ask why it is so difficult to bring a lawsuit based on something posted on social media. A recent federal court case from California can help show how courts view these actions. Prehired, LLC, v. Provins, No. 2:22-cv-00384-TLN-AC (E.D. Cal. April 12, 2022) (2022 WL 1093237).
In recent posts, we have discussed how employee social media use may subject California companies to liability for defamation. Now, a recent California court of appeals case found that social media conduct by out-of-state users was sufficient to establish personal jurisdiction in California courts.
The California court of appeals recently allowed a defamation claim to proceed against a company’s CEO for libelous social media posts made about a former employee after her termination. According to her complaint, the employee had been the company’s only female senior executive during her tenure. Following a brief, rocky stint with the company, the employee was terminated, and she filed a lawsuit against the company, asserting claims for gender discrimination, retaliation, and harassment.
Your friend tells you they saw a video of you on social media. You look it up. The person in that video looks like you. That person even sounds like you. To make matters worse the video shows this counterfeit version of you doing something incredibly embarrassing. You have never done what the video is portraying and yet here it is online forever. You have just been victimized by a deepfake.
What is a Deepfake?
Deepfakes (short for ‘deep learning’ and ‘fake’[1]) use AIs trained in audio and video synthesis to manufacture fake videos. The AI system itself is based on adversarial generative learning.[2] These AIs are able to learn how a face moves from a bank of photos that a user inputs. It then superimposes that face onto the body of someone else in an unrelated video.
As a wise person once said, truth often is stranger than fiction. The US Court of Appeals for the Fourth District of Texas (the “Appellate Court”) recently decided Hosseini v. Hansen, a bizarre case involving the intertwining of a tax preparation business, primate trainers and enthusiasts, and a defamation claim. Despite the unique factual circumstances, the case provided good general insight into social media use as it relates to defamation.
We have previously written about the U.S. legal landscape regarding consumers’ rights to post negative reviews of products or services on the internet, including some of the implications of the Consumer Review Fairness Act on these rights. The Consumer Review Fairness Act was passed in December of 2016 in response to some businesses’ efforts to prevent customers from giving honest reviews by signing non-disparagement or similar agreements as a condition to receiving a particular product or service.
This post concerns an issue involving the federal Communications Decency Act of 1996 (the “CDA”) and its relationship to rights and obligations of companies that provide a forum for reviews and ratings of businesses (the “review sites”), the reviewers, and the businesses that are reviewed. In July of this year, the Supreme Court of California issued an opinion, styled Hassell v. Bird, that analyzed the relationship of these entities and provided some guidance and clarity as to legal rights provided by the CDA in this context.
There has been an increase in cyberbullying with the rise of social media. According to the Canadian government, “cyberbullying involves the use of communication technologies … to repeatedly intimidate or harass others”. Federal and provincial governments have effected legislative change to make harmful cyberbullying behaviours criminal or at least provide civil remedies for those harmed. Other methods of deterring cyberbullying include education and policies implemented by social media platforms. Cyberbullying is not limited to children and teens. Similar to schools, workplaces should have policies and guidelines in place which provide for a safe environment for their employees.
Brand recognition and brand awareness
Having a social media presence in today’s digital and fast-paced era is critical. However, having a social media presence requires a long-term strategy that includes a plan to optimize the company’s brand awareness and brand recognition. These are some of the key factors in the profitability and longevity of a business:
Content can be harmful in a number of ways, such as cyberbullying, threats of violence, hate speech and even “revenge porn”
The UK government, like many others, is pushing for a safer Internet. Prompted by the global trend in cyber-bullying and online offensive material/trolling, the UK has taken steps to address Internet safety with the stated aim of being the safest place in the world to be online. We recently reported on the measured taken in Germany.