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Browsing Social Media The pervasive influence of social networks like Facebook and Instagram in our daily lives cannot be denied.\u00a0With more than thirty million registered users in France alone, these platforms have experienced a meteoric rise in the world since the end of the 2000s.\u00a0However, the initial vision of these networks as facilitators of social links and personal exchanges has given rise to serious controversies which have only intensified over time.<\/span><\/span><\/p>\n Having experienced a meteoric global rise since the end of the 2000s, the social networks Facebook and Instagram are now omnipresent in the daily life of the French since no less than thirty million of our fellow citizens are registered there!<\/span><\/p>\n However, even if the innovation is probably revolutionary, the use of such a site quickly gave rise to serious controversy, which only intensified over time.\u00a0Indeed, originally conceived as a “facilitator” of social relations, intended to promote exchanges by sharing personal information, everything is thought out, in the presentation of the network, so that the user has the feeling of being at the within a private sphere, limited to a few relatives, friends and acquaintances, thus encouraging him to confide or express himself as a teenager would do in a diary.<\/span><\/p>\n As caricatural as the image may seem, it nevertheless reflects an undeniable reality: the majority of users will tell you that they are perfectly informed of the confidentiality, at least limited, of the information they reveal on Facebook, few, however, would say dare to affirm that they have the feeling of shouting to the crowd the statutes that they publish!\u00a0<\/span>Particularly revealing is the fact, in this regard, that Mark Zuckerberg’s firm has gradually replaced the designation of “profile” by that of “diary”, in the sense of “diary”, as evidenced by certain foreign translations.<\/span><\/span><\/p>\n But then, in the midst of this confusion caused, how to consider Facebook, and more broadly all social networks?\u00a0<\/span>Do they constitute, from a legal point of view, a closed space in which any declaration could only have weak repercussions, like a drunken evening with friends, or on the contrary a similar dissemination tool?\u00a0<\/span><\/span>to the mass media?<\/span><\/p>\n Before providing a technical answer to such a question, it does not seem superfluous to recall that all the lawsuits which have involved the use of the social network in recent years have generally only concerned two categories of problems: on the one hand on the one hand, the pronouncement of dismissals and, on the other hand, the obtaining of damages and interests on the basis of presumptions of\u00a0<\/span>defamation<\/span><\/a>\u00a0or\u00a0\u00a0<\/span>public insults\u00a0<\/span>\u00a0.<\/span><\/p>\n DAMY Law Firm<\/span><\/a><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" Browsing Social Media The pervasive influence of social networks like Facebook and Instagram in our daily lives cannot be denied.\u00a0With more than thirty million registered users in France alone, these platforms have experienced a meteoric rise in the world since the end of the 2000s.\u00a0However, the initial vision of these networks as facilitators of social […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":" by\u00a0<\/span>admin<\/span><\/a><\/span>\u00a0|\u00a0<\/span>August 8, 2014<\/span><\/span>\u00a0|\u00a0<\/span>News in the law of new technologies<\/span><\/a>\u00a0,\u00a0<\/span>b<\/span><\/a>\u00a0|\u00a0<\/span>0 comments<\/span><\/a><\/span><\/p>\r\n\r\n<\/div>\r\nThe evolution of social networks in everyday life: \u2013<\/span><\/h2>\n
Exploring Facebook’s Privacy Paradox:-<\/span><\/h2>\n
\n\u00a0<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\r\n\r\nHaving experienced a meteoric global rise from the end of the 2000s, the social networks Facebook and Instagram are now omnipresent in the daily life of the French since no less than thirty million of our fellow citizens are registered there!<\/span><\/h1>\r\nHowever, even if the innovation is probably revolutionary, the use of such a site has quickly given rise to serious controversies, which have only amplified over time.\u00a0Indeed, originally conceived as a \"facilitator\" of social relations, intended to promote exchanges by sharing personal information, everything is thought out, in the presentation of the network, so that the user has the feeling of find within a private sphere, limited to a few relatives, friends and acquaintances, thus encouraging him to confide or express himself as a teenager would in a diary.<\/span>\r\n
As caricatural as the image may seem, it nevertheless reflects an undeniable reality: the majority of users will tell you that they are perfectly informed of the confidentiality, to say the least limited, of the information they reveal on Facebook, few, however, would dare to affirm that they have the feeling of shouting to the crowd the statutes they publish!\u00a0Particularly revealing is the fact, in this regard, that Mark Zuckerberg's firm has gradually replaced the designation of \"profile\" by that of \"diary\", in the sense of \"diary\", such as in some foreign translations testify.<\/span><\/h3>\r\n
But then, in the midst of this confusion caused, how should we consider Facebook, and more broadly all social networks?\u00a0Do they constitute, from a legal point of view, a closed space in which any statement could have only weak repercussions, like a drunken evening with friends, or on the contrary a similar dissemination tool? to mass media?<\/span><\/h4>\r\n\u00a0\r\n\r\nBefore providing a technical answer to such a question, it does not seem superfluous to recall that all the lawsuits that have involved the use of the social network in recent years have generally related to only two categories of issues: on the one hand, the pronouncement of dismissals, and on the other hand, the obtaining of damages and interests on the basis of presupposed defamation or public insults.<\/span>\r\n\r\nThe issue is therefore far from being purely anecdotal, since, for information purposes, non-public defamation or insult is liable to be sanctioned by a fine of 38 euros, whereas proof of their character public exposes their author to a maximum fine of 12,000 euros!<\/span>\r\n
At the risk of disappointing those most eager for simplicity, French law does not currently provide any categorical answer.\u00a0Should Facebook be considered a \u201cpublic place\u201d?\u00a0It depends.\u00a0Since the texts are completely silent on the matter, it is up to the judges to answer such a question, and the jurisprudential positions expressed from 2010 vary, not because of a lack of consistency, but by necessity of take into consideration sometimes significant differences in circumstances.<\/span><\/h6>\r\n\u00a0\r\n\r\nIndeed, it seems to us that it would be too simplistic to criticize judges for their approach in this area: almost all social networks have privacy settings that can be adjusted by each user, and it is clear that the publication of a somewhat derogatory \"status\" with regard to his employer will be a little more public if he is on a Facebook profile configured in \"public\" mode than on a profile whose content is reserved only for about fifteen virtual friends.<\/span>\r\n\r\nPerfectly aware of such a reality, judges therefore make such parameters an essential criterion in their decision, and quite logically.<\/span>\r\n\r\nThus, while the Labor Court of Boulogne-Billancourt admitted, on November 19, 2010, the dismissal of an employee on the basis of remarks inciting a rebellion against the hierarchy, noting that the \"statutes \" and comments published on a profile accessible \"to friends of friends\" of its holder must be considered public, the Bordeaux Court of Appeal more recently ruled a dismissal without real and serious cause, considering that the employer failed to establish the public nature of the remarks at the origin of the proceedings, also published on Facebook (CA Bordeaux, ch. soc., sect. A, 1 Apr. 2014, no. 13\/01992).\u00a0A few days later, the first civil chamber of the Court of Cassation confirmed the validity of such an approach,<\/span>\r\n\r\nIn conclusion, it does therefore seem that the courts seek to assess as finely as possible the actual number of people who can access a given information likely to found a legal action, in the light of the potential harm resulting from a circulation information within certain circles of acquaintances, taking into account in particular the privacy settings chosen by the user and the number of his contacts.<\/span>\r\n\r\nIn any case, caution is still in order because insulting a person on a social network will always leave more traces than shouting your distress in the middle of nature or writing it on a paper journal stored at the bottom of a cupboard!<\/span>\r\n\r\nspecialized law firm \u2013 Ma\u00eetre DAMY \u2013 2022<\/span>\r\n\r\n<\/div>","_et_gb_content_width":"","footnotes":""},"categories":[312,308],"tags":[],"class_list":["post-2187","post","type-post","status-publish","format-standard","hentry","category-criminal-law","category-labour-law"],"yoast_head":"\n