Can Families Sue Facebook For Violent Videos Of Victims?

The senseless killing of Robert Godwin, Jr. Sunday raised more than a few questions about what, if anything, Facebook is doing to combat the string of violent videos that have appeared on the platform. As one after another crops up, sometimes remaining live for hours like the video by suspected killer Steve Stephens, it begs the question: What rights are afforded to families in keeping these videos off social media platforms?

In an interview with CNN Tuesday, Godwin’s family said they forgave Stephens for the murder but wanted justice. "I wouldn't wish that on anybody. The man who videotaped my father getting shot stripped him of his dignity. And to post it online for the whole world to see? I'm just angry," said Godwin’s son Robby Miller.

READ: Facebook Killer And Zuckerberg: At F8 Conference CEO Says 'We Have A Lot More To Do Here' With Video​

Stephens was found dead in his car Tuesday afternoon following a three-day manhunt across multiple states. His vehicle was seen in a McDonald’s parking lot near Erie, Pennsylvania, according to CNN. Authorities said Stephens shot and killed himself following a police chase.

Social media makes these types of crimes especially difficult for families of the victims. In regard to the legality behind streaming or recording violent crimes, jurisdictions— whether local, state, or federal—are behind the times. The rights of families to see additional charges in these cases are mostly hypothetical and seldom carried out.

But there's hope.

Ariel Neuman, a former federal prosecutor and a partner of the Bird Marella firm in Los Angeles, told International Business Times by email Tuesday it’s possible for prosecutors to become creative, using specific statutes as a means to prosecute live streaming crimes.

"For instance, if the perpetrator violates or exceeds the terms of the social media platform on which they post the criminal conduct, that is potentially an additional offense, especially if in doing so the perpetrator causes additional harm, [like] harm to the victim’s family’s well-being, harm to the business at which the crime occurred," he said.

Neuman said that in the case of violent crimes such as murder, the additional charges aren’t likely to affect the ultimate sentence. "However," he added, "if this theory of prosecution were to bear out, it could elevate petty offenses into federal felonies."

What about Facebook and other social media sites? Can families go after the very platforms on which these videos surfaced? The short answer is no.

"Section 230 of the Communications Decency Act explicitly protects ‘interactive computer service’ providers — that is, third-party content aggregators like Facebook, Twitter, Craigslist, etc. — from liability for content posted by their users," said Neuman. "That means that they can almost never be held civilly or criminally liable for content posted to their platforms by their users."

Facebook acknowledges its basic algorithms for sniffing out disturbing content don’t seem to be panning out. "We have a lot more to do here. We’re reminded of this this week by the tragedy in Cleveland. Our hearts go out to the family and friends of Robert Godwin Sr.," CEO Mark Zuckerberg wrote in a statement Tuesday. "We have a lot of work and we will keep doing all we can to prevent tragedies like this from happening."