Facebook, Facebook, Facebook

Although Tik Tok for the young, Instagram for everyone and many other social networks are now widespread, Facebook is still the first and most important social network. Perhaps that is why the case law refers to Facebook and less to other social networks. So, here are three ‘Facebook’ legal cases from recent months.

 If you want to post photos of minors on Facebook, the authorisation of one is not enough, but you need the authorisation of both parents. This is a decision by the Privacy Authority of 13 November 2024, based on common sense and in line with general regulations on image protection. This must be taken into account when each of us takes photos of minors alone or even in a group, before publishing that photo on Facebook.

But even when one is being sarcastic or ironic, one must always be careful not to violate common sense first and foremost, as well as carefully consider one's position. This was not the case with a university lecturer, who published a sexist post on Kamala Harris, to say the least. The university has inflicted on him the fine of suspension for one month from the performance of his duties as a university professor and from any other position in any academic context, with deprivation of pay.

The sanction was imposed because, by publishing that post under his personal and professional account, he inevitably damaged the image of the university to which he belongs. The Council of State, to which the case was submitted, confirmed the fine and clarified that the right to political criticism always exists, but the limits of truth and continence must be respected.

And finally, I would like to tell you about the case of the dismissal of an employee due to the fact that he defamed his superiors in the company through Facebook.These defamatory posts, together with other circumstances, were deemed of intolerable gravity, justifying dismissal. This is how the Supreme Court of Cassation decided in Order No. 2058 of 2025.

In conclusion, I feel it must be stressed that even on Facebook, as in real life, one must always be prudent and measured, although it is always possible to express one's own point of view.

last update April 2025