Facebook sued for censoring 19th-century painting

How should Facebook decide what ’ s art and what ’s pornography? The question comes to a head in a French court case Thursday with the social network accused of censoring a 19th -century painting of a woman ’ s genitals .

“ L’ Origine du Monde” (The Origin of the World ) , an 1866 oil painting by the realist painter Gustave Courbet , may hang on the walls of the Musee d’ Orsay in Paris .

But its status as a cherished work of art did not stop Facebook shutting down the account of a French teacher who shared a picture of it, because of the social network ’s ban on nude images.

The teacher , Frederic Durand , accuses Facebook of deactivating his account “ without warning or justification ” in February 2011 .

He promptly sued the company in the name of freedom of expression, but the case is coming to court only on Thursday after a years - long legal wrangle over jurisdiction .

Durand made repeated attempts to have his account restored but Facebook is not thought to have done so — despite rule changes in 2015 clarifying that depictions of nudity in artwork were acceptable .

– Nudity ‘ made sublime ’ –

Durand had posted a link to an article exploring the history of the painting which used the famous image as a thumbnail .

His lawyer Stephane Cottineau acknowledged that Facebook banned nude content at the time , but he argued that the painting is “ a major work ” which is “ part of France ’ s cultural heritage ” .

The close - up of the woman ’ s crotch and abdomen is a depiction of nudity that has been “ glorified , made sublime , through the talent of the artist , ” Cottineau said.

The Musee d’Orsay , which has held the painting since 1995, says on its website that the work “ escapes pornographic status” thanks to “ Courbet ’s great virtuosity and the refinement of his amber colour scheme ” .

Facebook fought for five years to avoid being taken to court in France over the case .

It argued that the teacher , like all Facebook users, had signed off on terms and conditions that say any legal disputes must be settled in California, where the company is based .

But a Paris appeals court ruled in February 2016 that the case should be heard in France .

Facebook had in the meantime updated its policy in 2015 to clarify that photographs of paintings or sculptures depicting nudity were acceptable .

A Facebook search today returns numerous uncensored posts featuring images of “ L’Origine du Monde” .

The painting , one of several female nudes completed by Courbet , shocked the stiff bourgeois society of his time .

It is believed to have been commissioned by a Turkish diplomat in Paris who was forced to sell it after racking up huge debts because of his gambling addiction .