Court Rules Website Immune From Suit For Defamatory Posting
NewYorkCountryLawyer writes "RipoffReport.com contained an admittedly defamatory posting, by one of its users, about a person who operated a Florida corporation providing addiction treatment services. Although the site was asked by the poster herself to remove the post, it refused. A Florida appeals court has ruled that the site is absolutely immune from suit (pdf), and cannot even be directed to remove the offending post, since under the Communications Decency Act (47 USC 230) 'no cause of action may be brought' against a provider of an "interactive computer service" based upon information provided by a 3rd party."
hell breaks loose
"'no cause of action may be brought' against a provider of an "interactive computer service" based upon information provided by a 3rd party."
So... This here is called legal precedence, right? Oh if only RightHeaven was still around! Luckily we'll still have the SOPA clowns...
Bow before me, for I am root.
Sounds like she's learned a hard lesson in "think before you speak".
Iif i ask them to delete all pics and status' when I delete my account, and they dont..its ok that they dont? I would think the owner of the post owns the comment which is why the provider cant be sued, but if the providers refuse to take it down when requested by the owner/poster, that is an entirely different legal matter. Sounds to me like the poster could sue on that part.
-KI
#include bier;
She should have just waited a couple months for SOPA to get secret-voted in.
Then instead of chiming in with the communications decency act, she could just accuse them of copyright infringement of her own posting, and poor RippoffReport would lose their domain name.
I expect her to try again later and win. It wouldn't be double jeopardy since it will be a completely different crime.
The argument could be made that if they *did* take it down, it was admission of responsibility for content. ISPs wrestled with this a few years ago. (The "common carrier" thing.)
Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
They state up front that they NEVER delete a report from their database once it's been entered. They do have a fairly prominent link for updating &/or rebutting. I guess that'll have to do ...
Isn't it the user who posted the comment the one who's asking to have it taken down?
I fail to see how respecting the poster's implicit copyright over their statement allows the web site operator to refuse to remove the comment.
By insisting on keeping the defamatory post up despite the wishes of the poster, I would argue that the web site owners are assuming responsibility for that content, and are therefore liable for future lawsuits. They are not liable for the opinions of their users, but once they claim ownership of the content by refusing to take it down at the poster's request, that "who's responsible" game shifts focus rather dramatically.
I do not fail; I succeed at finding out what does not work.
Although the site was asked by the poster herself
Wow. I mean ... it's almost as if some hyper-emotional female was spreading rumors and causing drama and regretted it only when it finally caused real trouble.
We all know this never, ever happens. Women are never petty and catty, they are always calm and rational and in control of the feelings they value so much, and above all they always take their problems directly to the party with which they have a dispute and would never do something childish like gossip behind their backs.
Glad that's settled.
Does that mean that Slashdot doesn't have to bend over and take it in the rear from Scientology anymore? That happened a few years back I believe. Only comment ever removed.
if RipOffReport wasn't such a massive blackmail scam.
After a dozen clicks through pages to get to their "Corporate Advocacy Program", I finally found where they charge an up-front fee and a "rate" to make sure the reports listed on their site do not appear as high on search results as the actual website.
Though it seems they also pride themselves on never taking money to remove a post.
So is this just selling SEO services to affected businesses? How is this not shady?
Wasn't there any actual *coverage of the case* somewhere on the web that could have been linked to, Ray?
Exactly. That place is one of the most scammy, scummy, disgusting, exploitive places on the internet and the guy behind it is an extortionist. I don't have a business. I don't do any business. There is no reason for me to be listed on there. But, I am. Some random person that I don't even know but apparently has a beef with me posted a long diatribe accusing me of very shady stuff that I wouldn't want people thinking I had anything to do with. On top of it, the person posted my personal information. My full name, my contact info, my home address. And there's nothing that can be done. The guy who runs the site will "work with you" for a fee. But there's no way to remove information. Don't like your boss? Don't like an ex-boyfriend? Have a bad experience with someone at a company you do business with? You can get away with posting absolutely anything about them on this site and it'll be there for eternity - without any relation to actual reality.
Worse, Google seems to give results from this site priority in their listings (while other search engines sensibly PENALIZE the site - partially because of their black SEO activities).
It really depresses me that this random person that I don't even think I know posted some random invented crap about me on this site and now it shows up when I google myself (which I don't do, because it depresses me as a result of this). But there's absolutely no recourse. Unless I want to pay a bunch of money tot he guy who runs this rip off of a site.
And, of course, people just googling around have no idea. They see this as a legitimate site to read about and report companies (and INDIVIDUAL PEOPLE). They have no idea that what they're looking at (or contributing to, even) is a guy's extortion service.
For those unfamiliar with this shitty site, do a little googling on it. There are tons of discussions as well as news articles about the guy behind it and the problems with the site, with their relationship in google searches, and so on.
The poster of the content asking for removal of their content isn't a 3rd party. It's the 2nd party.
It really depresses me that this random person that I don't even think I know posted some random invented crap about me on this site and now it shows up when I google myself (which I don't do, because it depresses me as a result of this). But there's absolutely no recourse. Unless I want to pay a bunch of money tot he guy who runs this rip off of a site.
This sounds to me like there's a real possibility that this guy himself invented some random bad stuff, attached real names from a phonebook or some other source to it and hopes that these people pay him money for removing it again. I guess that would be great business plan for someone lacking any hint of morals.
Welcome to 'people power' aka 'the dictatorship of the proletariat' aka 'the Slashdotter's preferred vision of heaven'.
Occasionally when researching a product/company/etc I'll find stuff on there just blasting it. Never have I found it to be accurate when I've purchased. Maybe I'm just lucky, but I think more likely the people on there are just whiny.
So if a person is a person and a corporation is a "person", then if a site posts something harmful to a person it's OK, but if they post something harmful to a "person" it's copyright infringement?
Sorry, but gray text on gray background is making my eyes bleed.
Sounds like you need to file... ...a ripoff report *sunglasses*
They have been sued numerous times for not removing posts *when the author of the post requested that it should be removed*. I think the bottom line is don't use ripoffreport.com, use complaintsboard.com or any similar site.
...that just reading your post made me want to mod parent up.
Orwell: "In a Time of Universal Deceit, telling the Truth is a Revolutionary Act"
This article just appeared in my news feed:
http://www.smh.com.au/opinion/politics/google-and-ilk-cant-shirk-responsibility-for-ranters-20111229-1pe93.html
Excerpt: "....Google, which replied that it is not responsible for any allegedly defamatory content and it does not remove defamatory, insulting, negative or distasteful material from US domains. It claims that under US law internet services, such as the blogger site, are republishers and not the publisher."
and
"Last year, a judge in Ireland gave permission to the Irish Red Cross to start proceedings against Google in California in order to obtain the identity of an anonymous blogger who had posted what the charity claimed was ''distorted confidential'' material. Italian and French courts have held Google liable for defamations that arose from ''autocomplete'' search requests.
In England, the Demon internet service provider was found to be liable for defamation after a judge held that the ''innocent disseminator'' defence didn't wash once an ISP had notice of the offensive content."
So it appears that being a provider (3rd party) may include liability. Looks like freedom of speech and being responsible for the content is being taken seriously by some courts. I can see that could be a problem for re-posters.
Don't be apathetic. Procrastinate!
Wonder how the New S.O.P.A. Legislation will affect future decisions.
Check out S.O.P.A. below
http://youtu.be/tFnqa8Gk3as
Clint Smith
CreateCash
what's defamoatory>wwe
Actually, judges are violating the principle of the separation of church and state as well as the principles of AA when they sentence people to go to AA. Addiction, including addiction to the drug we call Alcohol is recognized by the AMA as a disease, and when a judge orders a specific treatment he is in effect acting as though he has the right to prescribe a treatment.
If he recommends AA I don't see a problem with that, but if he prescribes it as a matter of law he has effectively forced a person to seek a treatment for a disease which, in all reality, does not work for everyone regardless of the hype within the AA community claiming that it does. Indeed, no treatment for any disease works for everyone.
Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
What if someone made a script to report every name found on the Internet to that site, with bogus information, including politicians and presidents, and companies... When everybody is on that site, maybe then it just gets ignored, like that site should be.
Yes, courts currently have to rule the website is immune from legal consequences of non-moderated posts, because that's what the current law (DMCA) says.
Which is exactly why the current Congress is working to pass SOPA, which would criminalize those posts, and give the government the power to shut it down.
This is the same government that is now killing American citizens who haven't been proven to have committed any crime or offense, but have been only accused by someone in the bureaucracy. The same government that just gave itself the power to kidnap American citizens even inside the US and imprison them forever, in secret, without even charging them with a crime, let alone proving anything about them.
And if they pass SOPA, they will have the power to shut down any website where anyone posts a complaint about it. Accusations of copyright violation, accusations of terrorism, whatever is convenient to the law without any proof required will get it shut down. Your rights are nothing; government power and its corporate sponsors' money is everything.
That's why you should do something to stop SOPA (and its Senate partner PIPA). Before it's too late, and SOPA deletes any website where you might even try.
--
make install -not war
Basically, it's like being set on fire by some crazy person, and then (after removing your flaming clothes) getting arrested for public indecency.
While you may be innocent of any wrongdoing, your sex offender status is still permanent and well-known.
Which makes it the Right Thing To Do.
Is there a write-up/rip off report on the site...for RipOffReports?