Liable for Your Lies: Misrepresentation Law as a Mechanism for Regulating Behavior on Social Networking Sites

Abstract

This Comment emphasizes that the growth of social networking sites has far surpassed cyberspace governance and the development of rules regulating the use of these websites. Thus, courts should refine their approach to misrepresentation law to adequately address the challenges posed by social networking sites. This Comment argues that courts should apply misrepresentation law to online deceit and adopt a balancing test that considers a totality of the circumstances—free speech implications and the egregiousness of the lie—in deciding whether tort liability or criminal penalties are appropriate.

Part II of this Comment presents an overview of misrepresentation law and the rise of social networking sites. Part II also discusses the various motives for lying and the ways in which misrepresentations can occur on social networking sites. Part III analyzes whether misrepresentation law is an appropriate mechanism for regulating behavior on social networking sites. Part IV discusses the free speech implications of imposing misrepresentation liability and argues that the application of misrepresentation law is appropriate in limited circumstances. Part V concludes.