Little step back: in 2011, a Facebook user decided to publish, on the eve of his birthday, on his profile "The Origin of the World", a painting by Gustave Courbet representing a female sex. In response, Facebook closes the user's account, which then takes the matter to court.
Today, Facebook lawyers believe that French justice is not competent to handle the case. Me Caroline Lyannaz therefore explained at the first hearing that by registering on Facebook, the subscriber had accepted the general conditions of use which provide that in the event of litigation, only a court of the State of California wants to be competent .
Lyannaz also refuted the very idea that the social network could come under French consumer law by insisting on the "free" service, and the fact that it is the Internet user who takes the initiative to open a account.
"If we follow your logic, none of the 22 million Facebook users in France will ever be able to enter a French civil jurisdiction in the event of a dispute" declared Me Cottineau, lawyer for the complainant who denounced in passing "an unfair clause".
The lawyer took the opportunity to recall a precedent: the Pau Court of Appeal had therefore dismissed Facebook in an almost identical case, on the grounds that the clauses concerning the jurisdiction of the courts were presented "drowned in very numerous provisions … in small print. ".
The matter was placed under advisement on March 5. In the meantime, it had been ironically returned to the carpet in the aftermath of the attacks on Charlie Hebdo and the sudden outburst of support for freedom of expression. Mark Zuckerberg had gone there from his comment supporting freedom of expression as a pillar of Facebook, to which many users did not fail to publish the painting by Gustave Courbet to him.