discriminatory practices

Responding to news reports that journalists were able to purchase advertising on Facebook targeted to ethnic groups, Facebook announced several new changes to the company’s advertising products. The move highlights heightened scrutiny of advertising practices surrounding the increasing use of big data in many aspects of marketing and advertising.

Facebook’s response grew out of a ProPublica report published on October 28, 2015 detailing how journalists were able to purchase ads targeted to house hunters on Facebook,, all while excluding specific “Ethnic Affinities,” such as African-American, Asian-American or Hispanic people.  The report raised significant ethical and legal questions on how the features that enable advertisers to target their ads can be misused for discriminatory purposes.  The potential for interactive computer service providers to violate anti-discrimination laws has drawn attention for several years, especially following the decision of the Ninth Circuit Court of Appeals in the Roommates decision, which held that the that immunity provided by the Communications Decency Act (CDA) for online operators did not apply to an online service that offered questionnaires and selections to online participants that could facilitate discrimination against protected classes. See Fair Hous. Council v. Roommates.com, LLC, 521 F.3d 1157, 1166 (9th Cir.2008) (en banc).
Continue Reading Facebook Implements Additional Measures to Prevent Discriminatory Practices in Targeted Advertisements