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Court Rules Website Immune From Suit For Defamatory Posting

Posted by samzenpus on from the people-say-the-craziest-things dept.

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."

5 of 171 comments (clear)

  1. But if was copyrighter material by Esben · · Score: 5, Insightful

    hell breaks loose

  2. You can't edit what you say vocally afterwards. by SeaFox · · Score: 5, Insightful

    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".

  3. In fact, by roc97007 · · Score: 4, Insightful

    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.
  4. Re:Slashdot / Scientology by Moryath · · Score: 4, Insightful

    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.

  5. Re:I Just Can't Belive It by Anonymous Coward · · Score: 4, Insightful

    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.