Extending Tort Liability To Creators Of Fake Profiles On Social Networking Websites by Bradley Kay
Posted in: Research at 25/03/2012 21:22
In today's world, social media has become ubiquitous. While social media provides opportunities for networking, there are also opportunities for exploitation. Courts and legislatures have provided remedies for some wrongs that can occur on social networking websites.
However one area remains neglected- false profiles made for real people. In present day tort law, using another person's name or likeness can open the offender to liability for either misappropriation of name or likeness or a violation of right of publicity. This Note argues that these causes of action should be extended to false profiles made on social networking websites. This Note begins by discussing the two causes of action, how they are applied to actions over the Internet, how courts should apply the actions to false profiles, and possible defenses to the causes of action.
http://jip.kentlaw.edu/art/Volume 10/10 Chi-Kent J Intell Prop 1.pdf