CONCORD, N.H. (Legal Newsline) – Facebook’s adventure in the New Hampshire courts system isn’t over yet.
The state Supreme Court ruled July 24 that it didn’t have enough information to a ruling in favor of the social media giant, which is accused of unfairly deleting a company’s Instagram page and harming its business.
The decision reversed judgment for Facebook in a case brought by a tea and coffee shop in Somersworth, Teatotaller.
Facebook successfully argued to the trial court that it was immune under the Communications Decency Act, which protects it when it chooses to withdraw or alter content. It also said the terms of use stipulated it could not be liable in any way for the deletion of the account.
The question yet to be answered is whether Teatotaller’s breach of contract claim treats Facebook as a publisher.
“(B)ecause it is not clear on the face of Teatotaller’s complaint and objection whether prong two of the CDA immunity test is met, we conclude that the trial court erred by dismissing Teatotaller’s breach of contract claim on such grounds,” Justice Anna Hantz Marconi wrote.
“We simply cannot determine based upon the pleadings at this stage in the proceeding whether Facebook is immune from liability under… the CDA…”