Header graphic for print

Tag Archives: Communications Decency Act

Lawsuits Against Social Media Sites Rarely a Good Idea – This One Probably Isn’t Either

A Houston area woman has sued Facebook asking for $123 million because Facebook was slow to take down a fake a profile created by her ex-boyfriend with pornographic images.
You can see the story here

 
The plaintiff sued Facebook and the ex-boyfriend for negligence, breach of contract, gross negligence, intentional infliction of emotional distress, invasion of privacy … Continue Reading

TheDirty.com held liable despite Section 230 of the Communications Decency Act

TheDirty.com is not exactly deserving of sympathy.  Much like Playboy and Hustler pushed the boundaries of the First Amendment in the past, rumor sites like TheDirty.com are pushing the limits of Section 230 immunity for online defamation under the Communications Decency Act.
A judge and jury in Kentucky apparently have had enough.  This week, a jury … Continue Reading

Are The Legal Rules For User Generated Content Becoming More Nuanced?

The general legal advice to website operators who allowed User Generated Content (UGC) in the form of comments, videos or pictures used to be relatively easy.  The Digital Millennium Copyright Act protected you from copyright and Section 230 of the Communication Decency Act protected you from defamation and other liability.  Recent developments are bringing a … Continue Reading

Does the Communications Decency Act Protect Human Trafficking?

The State of Texas may find out and it may be more applicable to your site than you think.  In early filing for the 2013 legislative session, Democratic state Senator Leticia Van de Putte proposed a bill aimed at stopping at stopping human trafficking.  The entire text is here.
It allows for human trafficking victims to bring … Continue Reading

When your online rant can get you sued [Video]

In my last three posts, we covered online defamation from the business owner’s perspective.  Today, we look at it from the consumer’s perspective.
The local NBC affiliate in Houston interviewed me and others for a story about it you can watch here.
 
 
The way the story was edited, it almost appeared I support suing consumers when ”sounding off … Continue Reading

Contracting Your Way to Better Online Reviews – Is the Proactive Approach Legal?

Much to the chagrin of my law firm, I often encourage people not to take legal action when they are defamed on an online review site.  The issue has become more prevalent as consumers (or is it possibly competitors or people with personal vendettas) spew their ire negatively rating doctors and other professionals who only … Continue Reading

Can I sue the website for criminal acts of a user?

Match.com was sued last week because a male user sexually abused a female user on the second date.  Facebook and MySpace already warded off similar suits from parents of children who were stalked online based, at least in part, on Section 230 Communications Decency Act immunity.
These stories are indeed tragic, but it reminds me of the … Continue Reading