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Internet Matchmaking Service Immune in Identity Theft Case
Actress Christianne Carafano lost an appeal against Matchmaker.com Inc., Lycos Inc. and Metrosplash.com Inc., operators of the Matchmaker Internet dating service, in her suit alleging invasion of privacy, misappropriation of the right of publicity, defamation and negligence.
Matchmaker provides a service permitting members to post anonymous profiles and to view profiles of other members in their locale. Typical profiles have one or more photos, descriptive information and answers to questions designed to elicit the member's personality and motivation for joining the service. Members complete a detailed questionnaire including multiple-choice questions. Matchmaker reviews photos for impropriety but does not review the profiles themselves.
Carafano acts under the name Chase Masterson and has appeared in numerous film and television shows, such as recurring roles in "General Hospital" and "Star Trek: Deep Space Nine." Pictures of the actress are widely available on the Internet, including from her eponymous website. An unknown person using a computer in Berlin posted a personal profile of Carafano in the Los Angles section of the service's website. The profile comprised pictures and details of the actress, such as her movie credits and home address as well as many fabricated and sexually suggestive responses to the questionnaire. Also posted was an e-mail address that revealed her phone number. Unaware of the improper posting, Carafano received numerous responses including those which were sexually explicit and threatening. Matchmaker eventually blocked and then deleted the profile following Carafano's request.
In a unanimous decision, the Ninth U.S. Circuit Court of Appeals concluded that the Communications Decency Act of 1996 granted immunity to most Internet services from liability for publishing false or defamatory material so long as the information was provided by another party. The Court examined whether the questionnaire provided by Matchmaker negated the immunity. "So long as a third party willingly provides the essential published content, the service provider receives full immunity regardless of the specific editing or selection process. The fact that some of the content was formulated in response to Matchmaker's questionnaire does not alter this conclusion.
For a copy of the decision, visit: