Posted on Sunday 11 November 2007
“Facebook recently announced a new advertising scheme called ‘Social Ads.’ Instead of using celebrities to hawk products, it will use pictures of Facebook users. Facebook might be entering into another privacy debacle. The site assumes that if people rate products highly or write good things about a product then they consent to being used in an advertisement for it. Facebook doesn’t understand that privacy amounts to much more than keeping secrets — it involves controlling accessibility to personal data. ‘The use of a person’s name or image in an advertisement without that person’s consent might constitute a violation of the appropriation of name or likeness tort. According to the Restatement (Second) of Torts 652C: “One who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy.”‘”
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