Want to stay current on e–commerce law? Sign up for Email Newsletter.
California Supreme Court Rules Online Re publishers not Liable for Third Party Postings
A recent decision of the First Circuit Court of Appeals has upheld the dismissal of an action against online services provider Lycos Inc. relating to allegedly defamatory postings on a message board operated by Lycos. Finding that Lycos has immunity under Section 230 of the Communications Decency Act as a provider of an interactive computer service, the Court followed the approach of other courts that the Section 230 immunity provision should be broadly construed. The Court rejected the plaintiff’s arguments, based on the copyright decision MGM Studios Inc. v. Grokster Ltd., that Lycos was not entitled to immunity based on a theory of active inducement or “culpable assistance” based on the website’s construct, registration process and link structure fostering the posting of defamatory materials. While the Court did not decide whether a “culpable assistance” or an active inducement exemption to the immunity provision exists apart from the enumerated exemptions in Section 230, the Court concluded in this case that the registration process and link structure are standard elements of websites with both lawful and unlawful potential, and cannot form the basis to find inducement in and of themselves without something more.
For a copy of the First Circuit Court of Appeals decision, visit:
Universal Communication Systems, Inc. et al. v. Lycos, Inc. et al.