While the rapists are responsible for raping their victim and additionally humiliating her by recording their rape of her, Facebook is responsible for not having enforced its own TOS in the first place. Words such as the following are empty when a zero-tolerance policy becomes a basically-zero-times-enforced policy: ""This is a hideous crime and we do not tolerate this kind of content on Facebook. We support local law enforcement who make data requests related to criminal investigations, particularly when it comes to the safety of young people. We respond to valid requests relating to criminal cases."