Law Blog

Facebook Accused of Funding Terrorist Activity

Facebook is being accused of funding terrorist activity in the West Bank region. A family of Israeli and American citizens have brought forth a lawsuit seeking $1 billion in damages from Facebook for supposedly funding Palestinian military attacks. Palestine and Israel have been in conflict for many decades now and it is an issue that has no end in sight.

There are many underlying factors to the conflict, including religious difference, territorial claim, and regional dominance. Countless lives have been lost from both sides. The plaintiffs too have lost relatives in the conflict and they now seek damages from Facebook because they believe Facebook has supported Hamas in its attacks against Israel. Hamas, which is a pro-Palestinian movement, has been considered a terrorist organization by many nations.

Myriad of Accusations

This is not the first time that Facebook has been accused of such claims. Other such claims against Facebook are that, as a conduit of information, it gives FBI access to its user accounts, or that Facebook has some sort of hidden agenda unbeknownst to the general public. Of course, there is not much evidence to support such claims yet these charges do pop up every now and then. And it is not just Facebook.

Other social media outlets such as Twitter have been under attack too for supposedly promoting terrorism. ISIS, which has been grabbing headlines for the past few months, has been using the Twitter platform as a means of recruitment and sending out its message, and Twitter has seemingly done nothing to stop this.

Facebook and Twitter Comparison

For sake of comparison, the Twitter and Facebook claims have similarities and differences. In Twitter, there is indication that ISIS is using the platform as a vehicle to promote its agenda. However, under the First Amendment, which permits freedom of speech and press, it is hard to charge someone simply for expressing their viewpoints. Granted, ISIS propaganda should be put to a stop but where do we draw the line.

Should constitutional rights be diminished in order to promote national security? The government should not violate First Amendment rights when it can help it. There are times when the government, for security purposes, will make an exception. In any event, the benefit of the doubt will be given to the Constitution. Not all ISIS related posts will be grounds for criminal charge.

Likewise, with Facebook, if there are posts on the platform that in some way support Hamas, this is not grounds alone to go after a user, let alone Facebook itself. Under the Communications Decency Act of 1996, service providers such as Facebook and Twitter cannot be held personally liable for content that is published by their users.

The difference between the two scenarios however is that there is no indication that Twitter directly promotes ISIS activity. However, with Facebook, although there is currently not enough evidence, if it was established that Facebook did directly support Hamas through promotional material or other means not associated with user content, then there might be a valid claim. Even then, the First Amendment might prevent such claims. Until more hard evidence actually emerges, it will be very difficult for these grieving families to put up a decent claim against Facebook.

Many times, false accusations are thrown at big corporations such as Facebook in the hopes that that they can snatch the big prize. I am not implying that these particular plaintiffs fall in this category, but false accusations are common, especially against a large corporation such as Facebook. Media conglomerates such as Fox and Time Warner have been accused of such things too. It does not start and end with media industry either. Sometimes, these accusations should be taken with a grain of salt.

Preemptive Measures

People are not yet ready to give up their basic rights. As Benjamin Franklin said, “Those who surrender freedom for security will not have either one.” This is a powerful statement that resonates today with all of us.

However, Ben Franklin lived in a completely different time with very different issues at play. Today, international terrorism has become a huge threat and only tightening down on security measures can we hope to combat such a threat. If it means giving up some rights for the greater good, then this is something that we should consider.

And just as these social media outlets are used by terrorist organizations to convey their message, they can also be used to create awareness among communities to unite and stand against such a threat. Social media has been the trigger for many events these past few years, such as the Arab Spring and the Brexit deal.

Social media is a powerful tool that can be used to bring change, for better or for worse. Who uses it and how they use it can have consequences as well. Preemptive measures can be taken through these outlets to combat terrorism and to address other issues as well.