November 21, 2006
Protection for Web Publishers
By BLOOMBERG NEWS
The California Supreme Court said yesterday that Internet publishers could not be held liable if they posted defamatory comments written by others, a victory for online companies like
Google and AOL.
The court, in a unanimous decision, said those claiming defamation could sue only the original source of the comments, not publishers or distributors, even if the distributor was an individual. Internet users are protected by the same 1996 Communications Decency Act that grants immunity against defamation claims to publishers in most circumstances, the court said, overturning a San Francisco appeals court.
The ruling means that plaintiffs claiming defamation cannot get around the 1996 federal law by filing state suits. Internet service providers, search engine companies and civil liberties groups said that holding Web publishers liable would force Internet companies to keep track of every posting in every discussion group.
The case represents the first time an individual sought the same immunity from defamation liability that is afforded to Internet service providers under federal law, the court said.
“It’s good news for free speech on the Internet because the Internet can’t be the vibrant forum for free speech that it’s become if users and Internet service providers alike have to worry about getting sued when they republish something that someone else says,” said Ann Brick, a lawyer with the
American Civil Liberties Union.
The case involved a Web site operator who received and posted an e-mail message critical of a doctor.
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