Andrew "Twiggy" Forrest's major win over scam ads
Andrew "Twiggy" Forrest has had a major win against Facebook owner Meta, with a US court allowing him to continue to sue the platform over fake advertisements using his name.
The scam Facebook ads show him promoting fake cryptocurrency and other fraudulent investments.
The ruling means that the court will consider whether Meta breached its duty by publishing the advertisements, and whether they operated in a way that facilitated scam ads by using defective screening and review procedures.
US District Judge Casey Pitts in San Jose, California, made the decision on Monday, and said that Forrest can try to prove Meta's negligence and whether his name and likeness was misappropriated by Meta, and not just by fraudsters behind the bogus ads.
"Dr Forrest claims that Meta profited more from ads that included his likeness than it would have if the ads had not," Pitts wrote.
"This is enough to adequately plead that the alleged misappropriation was to Meta's advantage."
Forrest said that there were over 1000 ads scam ads using his name that appeared on Facebook in Australia between April and November 2023, leading to millions of dollars in losses for victims.
The billionaire reportedly first raised the fraudulent advertisements with Meta back in 2014, but nothing happened, according to the Herald Sun.
This is the first time a social media company was unable to invoke Section 230 immunity in a US civil case over its advertising business.
It's a significant move, as social media companies in the US are usually immune from liability in the US for content posted by third parties.
"This is a crucial strategic victory in the battle to hold Facebook accountable," Forrest said.
The billionaire is seeking compensatory and punitive damages.
Image: Dinendra Haria/LNP/ Shutterstock Editorial