Monday, July 19, 2010

Lawsuits against bloggers for 3rd party postings

Citizen Media Law Project

The Communications Decency Act 

This prompted Congress to pass the Communications Decency Act in 1996. The Act contains deceptively simple language under the heading "Protection for Good Samaritan blocking and screening of offensive material":

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.

Section 230 further provides that "[n]o cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section."

Websites Covered by Section 230 

Is an "interactive computer service" some special type of website? No. For purposes of Section 230, an

"interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server.

Most courts have held that through these provisions, Congress granted interactive services of all types, including blogs, forums, and listservs, immunity from tort liability so long as the information is provided by a third party.

As a result of Section 230, Internet publishers are treated differently from publishers in print, television, and radio. Let's look at these difference in more detail.[...]

No comments :

Post a Comment

please use either your real name or a pseudonym.