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Appellate Court Considers a Discussion Forum's Right to Rely on Section 230 of the CDA
A New Jersey Appellate Court considered the potential liability of the operator of an electronic community bulletin board website under Section 230 of the Communications Decency Act of 1996 (the "CDA") for allegedly defamatory messages posted anonymously by others. Section 230 of the CDA provides for a general grant of immunity for providers of an interactive computer service (usually ISPs) for any information provided by another information content provider. The Court stated that the provider of a website is a provider of an interactive computer service within the meaning of Section 230 of the CDA. The Appellants argued that the provider of the "Eye on Emerson" website, Stephen Moldow, was also an information content provider since he shaped discussions on his website and selectively chose which messages to delete and which to leave posted on his website, as well as by removing some messages after receiving complaints, but not removing others. In its decision, the Court held that these activities were nothing more than the exercise of a publisher's traditional editorial function, namely, whether to publish, withdraw, postpone or alter content provided by others. The Court also stated that whether Moldow's conduct facilitated the posting of the defamatory messages has no bearing on his immunity status.
For a copy of the decision, visit:
http://www.judiciary.state.nj.us/opinions/a5942-02.pdf