a French court ruled that a challenge under Facebook service under French law can go forward in a French court. A man had his account suspended for publishing nude French art on Facebook, and sued Facebook for violation of freedom of expression. A French court will now decide if the fundamental human rights were illegally restricted by Facebook.
Frédéric Durand-Baissas, a teacher in France, published a famous painting of the 19th century by Gustave Courbet called "The Origins of the World" on his Facebook account. The painting depicts a female reproductive organ, celebrating the birth and origin - in addition to being a piece of great importance for the community of art historians. Facebook, according to its position on noncompromising any nudity, quickly locked monseiur Facebook account Durand-Baissas.
The French decided to challenge it in court and argued that his freedom of expression had been unlawfully restricted, and that French law should apply. Arguably, when he publishes in France with a company that does business in France, it is not an unreasonable position.
However, this cutting obviously both directions. If local law can take precedence over the terms of service of a global company, under the provision that they operate in the territory where the law seeks to apply, then it is true not only for France, but as China, Saudi Arabia and North Korea. However, we have already seen the blade cut in that particular direction. Several global services have adapted to the restrictions of various dictatorships in the freedom of expression to do business at all
Therefore, it is beyond refreshing to see the blade cut in other direction too. - An opening for the possibility that the Facebook ban on natural and artistic nudity must give way to real freedom of speech, as required by the fundamental rights. It does not go in the direction of allowing less freedom of speech - this is the first time there was an opening to allow more freedom of speech as desired by the company in question.
at the end of the day, it is the fact that the public square, where freedom of expression used to run, has evolved as umbrella terms-and-services of a private company, where they apply their own arbitrary limits of what can be expressed and no. This means that our fundamental rights have actually moved into private hands. I welcome a challenge to this doctrine and application of freedom of expression, once public discussion forum - like Facebook - has grown large enough to be a public place de facto, if not on de facto public location.
and if you can not express your opinion on a topic you want, or expressing nonsexual nudity and art in a public place, then there is a problem much more important than being promised in March bases and get Facebook instead.
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