Billionaire Andrew Forrest’s recent court win in the US promises to pierce the US laws that have long cloaked Facebook’s trillion-dollar business from the harm caused by fraud on its platform – including scam ads using images of Forrest.
Over about six months to December 2023, 1700 new fraudulent ads including crypto scams were posted on Facebook, aided and abetted by 10 to 15 fake Andrew Forrest Facebook profiles popping up each week supporting them. This could help Forrest make his case that Meta is not just an innocent bystander, with no active role in the process, publishing ads for customers. If he can prove that the group’s role is substantive enough, Meta could lose immunity from prosecution over the harm caused by fraudulent advertising.It would be an enormous blow for Meta to be held liable for the advertising it publishes across its platforms – and for third-party platforms.
“The algorithms are so sophisticated, they’re able to find elderly, vulnerable people who believe what Andrew Forrest says… But the law has been pretty clear that this ends up shifting you from the domain of advertising to the user platform. And they’re very expansive about the immunity with regard to users,” Clarke says.that all of Facebook, including its ad business, should not remain shielded under decades-old US immunity laws that predate it and were created for a far simpler internet age.
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