Facebook Defeats Lawsuit Over Allegedly Pornographic Ads–Reaud v. Facebook

Reaud claimed he received 93 “unwanted gross and offensive pornographic ads” on Facebook. (I don’t mean to victim-blame, but if his claim is true, I do wonder how Facebook’s ad algorithm was responding to his onsite activities). He further claims Facebook reduced his account functionality when he posted the ads on his page. He sued Facebook (pro se) for “sexual harassment” and IIED. Neither claim succeeds.

The court says there’s no claim called “sexual harassment,” and it struggles to find a matching claim. The IIED fares no better because he can’t allege that Facebook acted with the intent to cause him emotional distress. “Reaud describes, at best, passive conduct on the part of Facebook by posting third-party advertisements, not conduct directed primarily at Reaud.” This also applies to his claim related to Facebook’s block on his account.

The court dismisses the claim with prejudice because Reaud can’t plead around Section 230. The ads are clearly third-party content, and the claims seek to hold Facebook liable for publishing those ads to him. Blocking his account is also a publication decision (cite to Sikhs for Justice and FAN). Yet another account termination/content removal ruling for the defense.

Case Citation: Reaud v. Facebook Inc., 2024 WL 4126066 (N.D. Cal. Sept. 9, 2024)