Internet Defamation
Internet defamation is a false and unprivileged allegation of fact made that damages an individual’s reputation, and that is published as a result of negligence or malice. Online libel is a written comment, review, post or article. Online slander is a spoken defamation, and can include, for example, a false allegation of fact via a podcast or audio file.
Consumer Review Site Likely Shielded by CDA But Must Litigate Beyond Motion to Dismiss
On May 24, 2011, the U.S. District Court for the Western District of Pennsylvania cautiously ruled that a business that operates a website on which persons can post reviews about moving services companies is likely shielded from a defamation lawsuit under Section 230 of the Communications Decency Act (“CDA”), but must defend the case at…
Read Article...Online Business Rankings and the Communications Decency Act
After finding that the plaintiff had failed to plausibly articulate an extortionate threat, the U.S. District Court for the Northern District of California dismissed a suit against Yelp on March 24, 2011 (Levitt v. Yelp Inc., N.D. Cal., No. 10-1321, 3/22/11). The case involved allegations that a Yelp! removed positive user reviews to coerce businesses…
Read Article...GM Not Shielded from Liability by Communications Decency Act by Virtue of Employee Website Comments
On February 24, 2011, the U.S. District Court for the District of Arizona ruled that the Communications Decency Act’s immunity for “good samaritan” blocking and screening of offensive material did not shield General Motors Financial Services from a $200 million lawsuit arising from allegedly defamatory comments an employee posted on a competitor’s website (Mealer v.…
Read Article...Georgia Court Assesses Stiff Internet Defamation Penalty Against Anonymous Poster
In Georgia’s first case to address Internet libel, the Georgia Supreme Court has awarded a plaintiff approximately $400,000 after he was victimized by an online character assassination labeling him him a “pervert” and a drug addict, and claiming that he had a criminal record that included time served in jail (Cooley v. Ballew, Ga. Super. Ct., 08-CV-648 DM, 1/13/11). The “anonymous” defendant utilized several…
Read Article...Internet Defamation Law and Online "Anonymity"
Let’s face it, the Internet today can be used for aggressive, immoral, and oftentimes obscene discussions. In short, anything goes. Seemingly. Libel and slander on the Internet are rampant. Most often, online defamation occurs in the context of disgruntled employees, rumors started by business competitors, or on consumer “gripe” sites. There is a general misapprehension that…
Read Article..."Highly Interactive" Online Discussion Equated with Business Activity May Subject Website Operator to Personal Jurisdiction in Plaintiff’s Forum State
On January 21,2011, the U.S. District Court for the Eastern District of Kentucky ruled that an interactive website operated from Arizona subjected itself to a Kentucky court’s personal jurisdiction by intentionally reaching beyond its home state’s boundaries and engaging in business and dialogue with residents in other states (Jones v. Dirty World Entertainment Recordings LLC…
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