Man Sued for Facebook 'Like' Loses Case, Fined $4k

A Swiss man has been fined for libel after clicking the Facebook "like" button. The court ruled that doing so exposed a post to more users and thus counted as a publication in itself. Several other people had already been found responsible for libel in the same case, but they had all written something in their own words rather than simply clicking "like".

The unnamed defendant was fined $4,000 Swiss francs, equivalent to US $4,120. He has the right to appeal but his lawyers says the cost of doing so will likely mean he doesn't.

Court: 'Like' Makes Content Your Own

The case involves a series of posts about a controversial animal rights activist, with several comments accusing him of racist and anti-semitic behavior. Surprisingly, lawyers for the man who clicked the "like" button stated that the comments were true, rather than addressing the issue of whether his actions made him responsible for their content.

The court ruled that it didn't matter if the defendant had not written the comments himself. Instead it said that pressing the "like" button meant "the defendant clearly endorsed the unseemly content and made it his own" and that he had "made them accessible to a large number of people." (Source: theguardian.com)

Part of the confusion of the case is that it's not certain whether or not the defendant understood Facebook's algorithms. The default setting for most users is that any posts that their friends "like" becomes eligible to appear in their news feed, though how prominently it is positioned will vary from case to case.

As a result, it's certainly possible that clicking "like" will cause a post to be seen by users who would otherwise not have seen it.

"Retweets" also at Risk

The case was heard in a regional court, but lawyers say it will likely have "a large impact" on potential cases elsewhere in Switzerland. However, it doesn't affect laws in other countries. (Source: bbc.co.uk)

It's the latest in a series of disputed cases over how libel law applies online. For example, some courts in the UK have concluded that clicking "retweet" on a Twitter post counts as publication because it causes it to be seen by more people.

However, most countries hold that companies such as Facebook and Twitter themselves can't be held responsible for defamatory comments posted on the site.

What's Your Opinion?

Did the court make the right decision? Does Facebook do enough to make clear that "liking" a post will cause it to be seen by more people? Do you understand the laws covering online libel in your country and if so, are they fair?