Juritel : le web juridique : droit et internet, avocat en ligne – Huissier. Facebook n’est pas privé; Facebook is not private – Newsletter november 2010
French employment tribunal decided that the employer could fire three employees who made unfortunate remarks on their facebook pages, thinking nobody else would read. the problem is that they did not realise that the “friends” system was allowing others to see, hence some, unhappy about the remarks, forwarded to the employer…
the decision was difficult to take as the tribunal was split into two. only the voice of the professional magistrate swayed it in favour of the employer’s point of view and actions.
I found the decision difficult to justify. Whatever we think of those men, they have an expectation of privacy which the difficult settings of Facebook endanger in practice. It’s Facebook which should be held accountable of all this mess.
The situation may seem a far cry from criminal law, but what if the comments had been racist, discriminatory or denying the holocaust (an offence in France)? Then the persons can actually be prosecuted.