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."

Comments

But if was copyrighter material

[Esben]

hell breaks loose

You can't edit what you say vocally afterwards.

[SeaFox]

Although the site was asked by the poster herself to remove the post, it refused

Sounds like she's learned a hard lesson in "think before you speak".

Re:You can't edit what you say vocally afterwards.

[Anonymous Coward]

Being able to speak/write properly and languages evolving are not mutually exclusive, and "languages evolve" is not a meme nor has it ever been.

But using the term "limp-wristed idiots", not to mention "pussify" clearly shows you have FAR more problems than I am willing to deal with on a comments section of a /. article. Go get some help for your rampant idiocy.

In fact,

[roc97007]

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.)

Re:Bad timing

[shentino]

She's boned most likely because of the site's terms of service which give them omnipotent editorial prerogative.

You can actually sue twice for the same thing if you have different reasons.

Re:I Just Can't Belive It

[Anonymous Coward]

So? I've got tits too, but the only jobs it has lost me are soldier or male model.

Re:Slashdot / Scientology

[Moryath]

You forgot:

5. falsely claim in court that the treatment is "religious" in nature to get around all rules/laws regarding prescribing drugs in overdose without a medical license and making proven false medical claims.

Re:I Just Can't Belive It

[Anonymous Coward]

Yes, there is something you can do. You may sue her for libel. The post may not be removed, but you can:

  - Get money from her
  - Get restraining orders against her
  - Eventually get her in jail when she violates the above
  - Ask ripoff report (or any other sites she posted to) to post a copy of the restraining order and court judgements you have against her

That's about enough, if you ask me. Anyone reading those diatribes probably already thinks she's crazy. They'll know it when a judge supports you on it.

Re:I Just Can't Belive It

[Anonymous Coward]

It's pretty evident you have no idea what it's like to be a woman in a tech field. How many times I've been ignored, only for someone with a penis to say the exact same thing and get credit. How many times I've lost opportunities because I have tits.

Its not really that you are a woman and its not that you don't have a penis and its certainly not because you have tits. It is entirely because of your attitude. You were not pushy or lucky enough and the guy who said the exact same thing? He was.. you see, that happens to other folk too, folk with penises included.. but they probably don't have the chip on their shoulder that says its because they have tits. You might notice sometime that men can be more agressive, more forceful when they are pushing opinions.. its most likely that.

Also, having tits gained you opportunities many times.. but maybe you didn't notice those times? As a guy without tits, I do notice when women get priority treatment because other guys would rather deal with them than me.