See the latest updates on the dontdatehimgirl.com case in the comments....IntroductionThe Communications Decency Act (CDA) of 1996 protects minors (people under 18 years of age) from obscene electronic communication. Another part of the CDA deals with libel and slander on the Internet. According to the CDA, if libelous or slanderous speech is published on a web site, the web site operator is not liable for the information if it is posted by someone. For example, if someone goes on the forum on my web site and publishes slanderous statements about a figure, I am not liable for what that poster said (although the victim can pursue legal action against the poster). There is a defamation lawsuit currently happening that may change that.
To summarize the case, Todd Hollis is suing Tasha Joseph, the web operator of dontdatehimgirl.com, for defamation of character. According to the case, an anonymous poster posted false, slanderous comments about Mr. Hollis, and Ms. Joseph refused to remove the comments when she was asked by Mr. Hollis to do so. It was recommended to Mr. Hollis to post a rebuttal comment or to post his own web site countering the charges.
John Seigenthaler Sr. lost a legal battle with Wikipedia over a "prankster" posting on Wikipedia that he (Mr. Seigenthaler) was involved in the assasination of John Kennedy and Robert Kennedy. This is the case that actually added the section (section 230) to the CDA absolving web site operators of liability from users posting information on their sites
Although there is a precedence that was already set regarding libelous information published on a web site, the lawyers for Mr. Hollis are finding holes in the law protecting web site operators. If the case is found in Mr. Hollis's favor, this could change how web site operators maintain their sites.
My TakeAs a web site operator, what do I think of this situation?
The intention of Section 230 of the CDA was supposed to help promote the freedom of legal speech on the Internet. I can understand the fear of changing Section 230 because America is becoming a more litigious society. If someone decided to post an opinion of a product, service, or person on a web site, the person being critiqued could "cry foul" and sue the web site operator and the poster for defamation. Although the lawsuit would probably be dismissed because the person was expressing an opinion and not stating comments as fact, it would still cost the web site operator money and time to fight the legal battle.
However, I have two concerns regarding Section 230:
- Even though I am not liable for what someone publishes on my site, whether it's on my forums or on this blog, I still try to practice due diligence by monitoring comments before I publish them, reviewing requests for user IDs for the forum, and monitoring the forum for inappropriate posts. There are other web site operators that perform the same due diligence to prevent situations like this. The problem is not all web site operators practice due diligence. Because they are not legally obligated to monitor third-party content on their site, they don't have to spend the time reviewing the published material. As a result, situations like Mr. Hollis's occur.
- My concern is the double standard regarding how published media is treated. According to Section 230, Ms. Joseph is not responsible for what someone posts about others because it was published on the Internet. If Ms. Joseph was a publisher of print media (a newspaper or a magazine), and if the same information about Mr. Hollis was published in the print media, she is liable for what was published, and she can be sued for libel.
SummaryIf the case is found in Mr. Hollis's favor, this could cause a review of the Section 230. If Section 230 is revised, it will make web site operators more aware of what gets published on their web site. While, in general, I think that Section 230 does need to be revised, the only concern that I have is that it could trigger frivolous lawsuits because someone didn't like the opinion that someone else published.