The ABA Journal reports that the number of libel suits has been steadily dropping in the United States:
All posts in CDA 230
In Italy, a rather disturbing prosecution is taking place. Google officials, including Chief Privacy Counsel Peter Fleischer, are being criminally prosecuted for a video somebody else uploaded to YouTube. According to an article by Tracey Bentley in the International Association of Privacy Professionals’ The Privacy Advisor:
The U.S. Court of Appeals for the Ninth Circuit (en banc) has just issued a very interesting opinion interpreting a federal law providing immunity from liability for online speech — the Communications Decency Act (CDA), 47 U.S.C. § 230. The case is Fair Housing Council v. Roommates.com, LLC, 2008 WL 879293 (9th Cir. April 3, 2008) (en banc).
In this post, I’ll be responding to a few more reviews of The Future of Reputation: Gossip, Rumor, and Privacy on the Internet. This is the third installment (for more responses to reviews, see Part I and Part II).
This post responds to more reviews of my new book, The Future of Reputation: Gossip, Rumor, and Privacy on the Internet (Yale University Press, Oct. 2007). I posted Part I of my responses to reviews here. This is Part II.
Recently, in Barrett v. Rosenthal, the California Supreme Court held, similar to most courts addressing the issue, that bloggers are immune from being sued for “distributor” liability under defamation law. Under defamation law, the original speaker of a defamatory statement (a false statement that harms a person’s reputation) is liable. A “distributor,” one who further disseminates a falsehood spoken by another and who “knows or should have known” about the defamatory nature of a statement, is also liable. A federal law, 47 U.S.C. § 230, however, provides: “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.” Most courts have interpreted § 230 to immunize the operators of websites or blogs against distributor liability for comments posted by others.