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Legal FYI |
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CDA Immunizes Operators Of Message Boards From Defamation Claims
The Communications Decency Act of 1996 immunizes operators of message boards from defamation claims arising out of posts appearing thereon that were authored by others. Such immunity extends to the defendant operator notwithstanding plaintiff’s claim that the defendant edits posts that appear on his boards, and selects posts that will either be published thereon, or removed therefrom. This has been upheld repeatedly, most notably in Anthony DiMeo, III v. Tucker Max.
If the courts won't award in favor of someone that was disparaged on a board as public and popular as TuckerMax.com, you're not going to have any luck suing TWWS or TWWS's admin. This site does not offer anonymous posting, is not searchable by search engines, and isn't a public board.
The admin will remove identifying addresses and phone numbers at request. (And, generally as soon as someone mentions them.) Out of the goodness of her very own heart.
Do not send the admin threatening and harrassing letters, emails, phone calls, and other communications. I know my legal standing on this issue. If you wish to persue libel and defamation claims you are legally limited to suing individual posters for particular posts.
Section 230 of the Communications Decency Act was not part of the original Senate legislation, but was added in conference with the House, where it had been separately introduced by Representatives Chris Cox (R-CA) and Ron Wyden (D-OR) as the Internet Freedom and Family Empowerment Act and passed by a near-unanimous vote on the floor. It added protection for online service providers and users from actions against them based on the content of third parties, stating in part that "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". Effectively, this section immunizes both ISPs and Internet users from liability for torts committed by others using their website or online forum, even if the provider fails to take action after receiving actual notice of the harmful or offensive content. See more.
Also see: Report Form. |
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