On August 3, 2023, the Ninth Circuit took a non-committal stance on the question of whether a website, using high school yearbook photos to advance its subscriber base, is protected under Section 230 from being the target of a class-action lawsuit. The case alleges that such use of photos constitutes a violation of the publicity rights of those represented.
As the Ninth Circuit sees it, it’s too premature to pass any definitive judgement at this point. The panel decided that it was more prudent to first determine whether this disagreement should be settled in arbitration, ensuring a fair and unbiased resolution.
This case presents an important examination of Section 230, a piece of internet legislation that often comes under scrutiny for its provision of ‘safe harbor’ to online service providers from liability for content posted by their users. Legal professionals will need to watch this case attentively as its outcomes may potentially influence digital copyright law interpretations, specifically regarding the use and abuse of personal images on commercial platforms.
At this stage, further court proceedings are necessary to decide not only the appropriate forum for resolving this dispute, but also the degree to which websites can leverage user content without falling foul of existing privacy laws.
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