Parents May Be Liable for What Their Kids Post on Facebook, Court Rules
Parents May Be Liable for What Their Kids Post on
Facebook, Court Rules
By JACOB GERSHMAN Bloomberg News
4:33 pm ET Oct 15, 2014
Parents can be held liable for what their kids post on
Facebook, a Georgia appellate court ruled in a decision that lawyers said
marked a legal precedent on the issue of parental responsibility over their
children’s online activity.
The Georgia Court of Appeals ruled that the parents of a
seventh-grade student may be negligent for failing to get their son to delete a
fake Facebook profile that allegedly defamed a female classmate.
The trouble started in 2011 when, with the help of
another student, the boy constructed a Facebook profile pretending to be the
girl. He used a “Fat Face” app to make her look obese and posted profane and
sexually explicit comments on the page depicting her as racist and promiscuous,
according to court documents.
When the girl found out about it, she told her parents
who then complained to the school’s principal. The school punished the boy with
two days of in-school suspension and alerted his parents, who grounded him for
a week.
But for the next 11 months, according to the appeals
court opinion, the page stayed up. It wasn’t deleted until Facebook deactivated
the account at the urging of the girl’s parents, the opinion said. The girl’s
lawyer says the child’s parents didn’t immediately confront the boy’s parents
because their school refused to identify the culprit for confidentiality
reasons.
“Given that the false and offensive statements remained
on display, and continued to reach readers, for an additional eleven months, we
conclude that a jury could find that the [parents'] negligence proximately
caused some part of the injury [the girl] sustained from [the boy's] actions
(and inactions),” wrote Judge John J. Ellington in the opinion, which was handed
down Oct. 10. He was joined by two other judges on the panel.
The appeals court, though, agreed with a trial court’s
dismissal of another part of the lawsuit that sought to hold the parents
responsible for allowing the page to be posted in the first place.
Atlanta litigator Edgar S. Mangiafico Jr., who defended
the boy’s parents, told Law Blog that the court’s decision was marred by
inconsistencies and said he would appeal the ruling to the Georgia Supreme
Court.
Mr. Mangiafico said when he was researching the question
of parental liability with respect to cyberbullying, he couldn’t find any case
in which a court found parents negligent for failing to supervise their kids’
computer use.
Natalie Woodward, an Atlanta attorney who represented the
girl, said she also believed the outcome was a novel one.
The ruling shows, she told Law Blog, that in “certain
circumstances, when what is being said about a child is untrue and once the
parents know about it, then liability is triggered.”
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