Dec 112010
 December 11, 2010  Posted by  Court, Non-U.S., Online

A French Court has awarded €1,500 privacy damages against a person who created a false Facebook profile of a French actor and comedian.  On 24 November 2010,  the Tribunal de Grande Instance de Paris gave judgment in the case of Omar S v Alexandre P. The applicant was Omar Sy a well known television actor and comedian.   A “false profile” of him had been created on Facebook site, illustrated with a photograph of him and containing contains the comments he was supposed to have have posted and the replies to “friends” who had accessed the site.

Read more on Inforrm’s Blog.

I note that there was no discussion of defamation.  Nor was the defendant charged with identity theft.  The issues here seem to be privacy and use of one’s image without permission.

I wonder what would have happened if the false profile was clearly or obviously a parody?  Would the plaintiff have prevailed under French/EU law?

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