Introduction

Forum Selection Laws of Facebook

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Table of Contents

Introduction. 3

Discussion. 3

Conclusion. 5

Reference list 7

Introduction

Recently the Supreme Court revealed that Forum selection laws were not enforceable by this body. The case related to this law came under the court of British Columbia. The social media, facebook related any difficulties or any disputes came under California. The Court of British Columbia upheld the petition related to these clauses in 2015. In the Facebook vs Douez case, Facebook appeals an application known as a Preliminary motion to deny the claim of Douez. The case of Facebook vs Douez, states that the clause was not enforceable. This decision is fundamentally and significantly acceptable. The consumers are facing an agreement of allegiance and the customers or consumers do not have an option. This kind of agreement is unethical. The face recognition feature of Facebook has some privacy concerns. The users of Facebook are facing privacy-related issues which affect their mental health as well as physical.

Discussion

Ethical forum shopping 

Forum shopping is a phenomenon where a party benefits continuously or looks at their case and gets some favour. This is not a fruitful action. A forum shopping is done when a party chooses one or more courts to get advantages. The plaintiff will do forum shopping when several courts have concomitant jurisdiction over it (Buxbaum, 2018). In the US this phenomenon happens when the federal court and state court have concomitant jurisdiction over an assertion. In the case of India, these kinds of forum shopping are fully prohibited. Forum shopping is known as a disreputable practice and does not come under any section or any law. Forum shopping does not maintain the universal or global standard which is not appropriate for all (Adnyani, Atmaja & Sudantra, 2021). Though the case was won by facebook by forum shopping and the organisation got an advantage because the case is done on home court. Forum shopping is not ethical but its law varies in different states. Forum shopping depends on two conditions, these are one or more courts surely first

Maintains ethical standard 

Ethical standard means it is a group of rules and regulations which are set up by the owner of an organisation to maintain the integrity and ethical policies. The ethical standard of an organisation consists of moral principles, accuracy, respectful practises, research, code of conduct, conscience, fairness, honesty and responsibility. There are mainly three kinds of ethics which are mathematical, normative ethics, applied ethics (Chatterjee et al., 2021).

Mathematical ethics-It is the most significant and philosophical ethics. In this ethics, someone raised their questions like whether the material is good or not.

Figure 1: Ethical standards

Source: (Chatterjee et al., 2021)

Normative ethics-It is the most involved in the standard of behaviour which is right or wrong. The normative ethics state the foundational features (Bianco, Franks, Hicks & Delp, 2022). Normative ethics focused on general standard development for morality purposes. The significant approaches are mentioned below-

Deontological theories-It involved fundamental duties and moral obligations. They also look upon the consequences which are good or bad. Virtue ethics or theories-In these theories are focused on virtuous features or ethical characteristics like courage, enthusiasm, generosity and so on (Bianco, Franks, Hicks & Delp, 2022). This is rare from deontological theories and consequential theories. This theory is involved in the conduction of rules and regulations. The customers can also create a big business platform with Facebook’s help. The California court secular their major case has been held and if the Facebook forum clause selection were upheld then it is not necessary to have the experience to apply at the British Privacy Act.

Clauses in business-to-consumer contracts

The organisation should maintain the ethics such as following proper rules and regulations and maintaining generosity, maintaining public relations. Courts should enact the forum selection clause to the agreement of Facebook users. The users don’t have an option and they are bound to sign this agreement. This clause detains a large number of litigations, if it is not stopped then this case is filed throughout the country. About Francesca Fontana, there are almost sixteen cases evidence found against Facebook. This case is related to facial recognition features that are concerned with biometric privacy. If it is not stopped then Facebook would face a huge and expensive lawsuit. The decisions of the Supreme Court have continuously ratified the forum selection clause. The clause would not infringe the state’s public policy.

Forum selection clause of Facebook

Though the Facebook forum selection clause is ethical, facebook has a huge influence all over the world and few people have the supervision ability by the forum selection clause. If Facebook has no forum selection clause then the organisation of Facebook faces huge difficulties (Toledano, 2018). With the help of the clause, the organisation of facebook takes some advantages. In absence of a forum selection clause, Facebook gets relief from any kind of legal issues. If it is not present then the case will move forward to another place of the court. Facebook is not thoroughly protected by this clause. They will face some disadvantages also. The Facebook user already signed the agreement for the forum of the facebook sections. The clause stops on the huge numbers of the law that affects all over the country. The people also believed that the facebook ethical section has many powers. The social side has bad and the good side also and it can affect the children.

Conclusion

After analysing all these answers it has been concluded that social media businesses have greater effects on people. The online or the Facebook business is improving nowadays and it gives much revenue to the companies. The US users are also using Facebook and developing the user values. Forum shopping does not maintain the universal or global standard which is not appropriate for all. Though the case was won by facebook by forum shopping and the organisation got the advantage because the case was done on home court. It helps to increase the Facebook business and also the business firms can get a lot of profit more than in the past.

Reference list

Buxbaum, H. L. (2018). The Interpretation and Effect of Permissive Forum Selection Clauses Under US Law. The American Journal of Comparative Law, 66(suppl_1), 127-152. Retrieved from: https://scholarship.kentlaw.iit.edu/cklawreview/vol90/iss2/11?utm_source=scholarship.kentlaw.iit.edu%2Fcklawreview%2Fvol90%2Fiss2%2F11&utm_medium=PDF&utm_campaign=PDFCoverPages

Adnyani, N. K. S., Atmaja, G. M. W., & Sudantra, I. K. (2021). Indigenous People Between Recognition and Disclaimer of Legal Pluralism Perspective. International Journal of Multicultural and Multireligious Understanding, 8(9), 352-362. DOI: http://dx.doi.org/10.18415/ijmmu.v8i9.2762

Chatterjee, S., Sreen, N., Rana, J., Dhir, A., & Sadarangani, P. H. (2021). Impact of ethical certifications and product involvement on consumers decision to purchase ethical products at price premiums in an emerging market context. International Review on Public and Nonprofit Marketing, 1-26. Retreievd from: https://link.springer.com/article/10.1007/s12208-021-00288-1

Toledano, M. (2018). Dialogue, strategic communication, and ethical public relations: Lessons from Martin Buber’s political activism. Public Relations Review, 44(1), 131-141. DOI: http://dx.doi.org/10.1016/j.pubrev.2017.09.009

Bianco, N. A., Franks, P. W., Hicks, J. L., & Delp, S. L. (2022). Coupled exoskeleton assistance simplifies control and maintains metabolic benefits: a simulation study. PloS one, 17(1), e0261318. DOI: https://doi.org/10.1371/journal.pone.0261318