Posted by Eugene Volokh: More Good News for Discussion Group Moderators -- and for group blog editors (like me): The New Jersey Appellate Division has just held ([1]Donato v. Obernauer, decided on Jan. 31) that a federal statute -- 47 U.S.C. sec. 230 -- makes Web site operators immune from defamation liability based on items posted by users, even when the operator keeps some messages and deletes others, changes some messages, sets ground rules for the discussion, and so on. This would also mean that bloggers are immune from liability based on comments posted by others on their blogs. And I'm pretty sure that it means that group blog editors are immune from liability based on things posted by their cobloggers (not that I ever worried about my cobloggers' actions!). Of course, bloggers and others remain liable for statements that they themselves have made.
For an earlier case that foreshadowed this, and that was in fact cited by the New Jersey court, see [2]here. There have been one or two court decisions that have taken a narrower view of 47 U.S.C. sec. 230, but the dominant approach is the one that the New Jersey court accepted. References 1. http://www.judiciary.state.nj.us/opinions/a5942-02.pdf 2. http://volokh.com/2003_06_22_volokh_archive.html#105648645842556588 _______________________________________________ Volokh mailing list [email protected] http://highsorcery.com/cgi-bin/mailman/listinfo/volokh
