Facebook loses vital legal battle over nude painting

Facebook has lost a crucial legal battle in France as a court ruled the social network can be sued over its decision to remove the account of a user who posted a photo of a famous 19th-century nude painting.

The ruling by the Paris appeals court could set a legal precedent in France, where Facebook has more than 30m regular users. An appeal could go to the country’s highest court.

It means a French court can hear the case of Frederic Durand-Baissas, a 57-year-old Parisian teacher and art lover, whose account was suspended five years ago without prior notice.

That was the day he posted a photo of Gustave Courbet’s 1866 The Origin of the World, which depicts female genitalia. He wants his account reactivated and is asking for €20,000 in damages.

Facebook has not given an explanation for the suspension of the account.

Its Community Standards page says: “We restrict the display of nudity because some audiences within our global community may be sensitive to this type of content — particularly because of their cultural background or age.”

It also says: “We also allow photographs of paintings, sculptures, and other art that depicts nude figures.”

Mr Durand-Baissas’s lawyer said Facebook has changed its language on this subject in recent years.

Facebook’s lawyers had argued that such lawsuits could only be heard by a specific court in California where it has its headquarters, and that French consumer rights law cannot apply to users in France because its worldwide service is free.

A Paris appeals court dismissed those arguments and upheld a lower court’s decision that ruled French courts can hear cases involving users in France.

“This is a great satisfaction and a great victory after five years of legal action,” said the teacher’s lawyer, Stephane Cottineau.