Facebook Asks 3rd Circuit To Rehear Appeal Over CDA Immunity For Publicity Rights

Mealey's (October 25, 2021, 8:48 AM EDT) -- PHILADELPHIA — One month after the Third Circuit U.S. Court of Appeals vacated a trial court’s finding that Facebook Inc. was entitled to immunity under Section 230 of the Communications Decency Act (CDA) from a news anchor’s lawsuit over the unauthorized use of her photograph, the social network on Oct. 21 filed a petition for rehearing en banc, arguing that a panel erred in finding that the plaintiff’s right of publicity claim fell under the statute’s intellectual property exception, thereby defeating immunity....