Hepp v. Facebook, No. 20-2725 (3d Cir. 2021)Annotate this Case
Hepp hosts FOX 29’s Good Day Philadelphia. In 2018, Hepp was told by coworkers that her photograph was making its way around the internet. The image depicts Hepp in a convenience store, smiling, and was taken without Hepp’s knowledge or consent. She never authorized the image to be used in online advertisements. Hepp alleged each use violated her right of publicity under Pennsylvania law. A dating app advertisement featuring the picture appeared on Facebook. A Reddit thread linked to an Imgur post of the photo. Hepp sued, citing 42 PA. CONS. STAT. 8316, and common law. The district court dismissed Hepp’s case, holding that the companies were entitled to immunity under the Communications Decency Act of 1996, which bars many claims against internet service providers, 47 U.S.C. 230(c). The Third Circuit reversed, citing an exclusion in 230(e)(2) limitation for “any law pertaining to intellectual property.” Hepp’s claims are encompassed within the intellectual property exclusion.