Fed. Court Finds Sites Not Responsible for Comments

Wednesday, July 2, 2008

(CtWConnect/Jason Lefkowitz)

by Jason Lefkowitz

Many union communicators are interested in embracing the new “Web 2.0” world of interactive Web services such as blogs and forums, where users are invited to post their own thoughts instead of being passive readers. However, many who have tried to go this route have encountered resistance from their lawyers, who fear that they or their union will be held liable for defamatory or provocative material posted by users to their sites.

A pair of recent court decisions has begun to dispel those concerns. The first came in March, when a Federal appeals court upheld the 2006 decision in Chicago Lawyers' Committee for Civil Rights Under, Law Inc. vs. Craigslist, which found the popular online ad board was not liable for “roommates wanted” ads posted there that included discriminatory requirements[1]. This decision was reinforced in June by a Federal court in Virginia, which found that the site ConsumerAffairs.com was not liable for disparaging comments posted to their site about businesses[2]. In both cases, the courts held that the liability for users’ postings lies with the user who posted them, not with the site on which they were posted.

Section 230 of the Communications Decency Act of 1996 (47 U.S.C. § 230(c)) [3] specified that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider”, but a 2007 decision by a Federal appeals court in the case of Fair Housing Council of San Fernando Valley v. Roommate.com, LLC cast doubt whether this language still protected Web site operators from liability[4].

While you should consult with your attorney before drawing any conclusions about your particular situation, these recent decisions are certainly encouraging for any communicator wishing to turn their Web site into a Web community.

Links:

[1]: http://arstechnica.com/news.ars/post/20080317-appeals-court-craigslist-not-liable-for-discriminatory-ads.html

[2]: http://publications.mediapost.com/index.cfm?fuseaction=Articles.san&s=85625&Nid=44386&p=918739

[3]: http://www.law.cornell.edu/uscode/47/230.html

[4]: http://onlineliabilityblog.com/2008/04/03/ninth-circuit-roommatescom-largely-unprotected-by-section-230/