Clause forcing users to agree litigation must take place in US is abusive, says court, after site blocks man who posted Courbet nude showing woman’s vulva

This article is more than 5 years old

This article is more than 5 years old

A Paris court has ruled that it has the legal authority to judge a case against Facebook, which blocked the account of a French teacher who posted an image of a vulva.



The court ruled that the case came under its jurisdiction and Facebook’s clause forcing all users to agree that any litigation must be based in California, where the site is based, was “abusive”.

Facebook is being sued by a French man whose account was blocked after he posted a 19th-century picture by Gustave Courbet, The Origin of the World, depicting a vulva.

The irate teacher filed a complaint in a French court saying the site could not differentiate between pornography and art.

But in a hearing on 22 January, Facebook’s lawyer, Caroline Lyannaz, argued that the site did not fall under French jurisdiction as users have to sign a clause agreeing that only a California court can rule in disputes relating to the firm.

The teacher’s lawyer, Stéphane Cottineau, hailed the court ruling as a “first victory won by David against Goliath”.

“This decision will create jurisprudence for other social media and other internet giants who use their being headquartered abroad, mainly in the United States, to attempt to evade French law.”

The lawyer said this was an abusive clause as none of the 22 million Facebook users in France “can ever take recourse to French legal jurisdiction in the event of a dispute”.

Facebook said it noted the judgment and was considering its response. The court will hear the case on 21 May.