Finally, Facebook admits it really is a publisher

FACEBOOK has admitted it is a publisher like a traditional newspaper in a court submission which could have a profound impact on the way it operates.

The global web giant has previously insisted it is just an internet platform, meaning it cannot be held liable in the courts for what appears on its pages.

Facebook has maintained – like rival social network Twitter – that it is merely a passive host of the material, and that the publishers are those who write the content. This stance means that the internet firms can deny responsibility for terrorist, paedophile or libellous content on their sites.

However, Facebook has now argued it is a publisher in a US court – and thus protected by America’s First Amendment.

This will be seen as a significant U-turn, which could force the business to take more responsibility for its content. In April Facebook chief Mark Zuckerberg told US senators that the social network is a technology company ‘because the primary thing we do is build technology and products’.

He acknowledged that Facebook has responsibility for its content, but insisted that ‘we don’t produce [it]’. Facebook and other tech giants are not treated as publishers under US or UK law but politicians have threatened to change the law if the firms do not regulate themselves effectively.

This week Facebook repeatedly stressed it is a publisher as it defended a claim that Mr Zuckerberg developed a ‘malicious and fraudulent scheme’ to exploit users’ personal data.

Six4Three, an app developer, claims that he deliberately created a loophole enabling app developers to access the data of users’ friends. The loophole, which was subsequently closed, enabled Cambridge Analytica, a political consultancy, to obtain the data of tens of millions of Facebook users without their knowledge.

Facebook denies claims by Six4Three that it sought to take over, exploit or destroy app developers which became too successful.

Sonal Mehta, for Facebook, said in a California court that its decisions about data access were a ‘quintessential publisher function’ and should be protected under the US First Amendment, which guarantees freedom of the Press.

Decisions about what not to publish should be protected because the social media giant is a ‘publisher’.

David Godkin, lawyer for Six4Three, said: ‘For years, Facebook has been saying it’s not a media company. This is a complete 180 [degree turn].’