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2006-11-21 Home Front: Politix
Calif. court: websites not liable for libel in third-party postings
Important to all bloggers.
SAN JOSE, Calif. (AP) - Websites that publish inflammatory information written by other parties cannot be sued for libel, the California Supreme Court ruled Monday. The ruling in favour of free online expression was a victory for a San Diego woman who was sued by two doctors for posting an allegedly libelous e-mail on two websites.

Some of the Internet's biggest names, including Amazon.com, America Online Inc., EBay Inc., Google Inc., Microsoft Corp. and Yahoo Inc., took the defendant's side out of concern a ruling against her would expose them to liability.

In reversing an appellate court's decision, the state Supreme Court ruled that the Communications Decency Act of 1996 provides broad immunity from defamation lawsuits for people who publish information on the Internet that was gathered from another source. "The prospect of blanket immunity for those who intentionally redistribute defamatory statements on the Internet has disturbing implications," Associate Justice Carol Corrigan wrote in the majority opinion. "Nevertheless ... statutory immunity serves to protect online freedom of expression and to encourage self-regulation, as Congress intended."

Unless the U.S. Congress revises the existing law, people who claim they were defamed in an Internet posting can only seek damages from the original source of the statement, the court ruled.
Posted by Steve White 2006-11-21 00:00|| || Front Page|| [11131 views since 2007-05-07]  Top

#1 I'd read the fine print on this - it IS out of a California court. Make sure it doesn't only protect Tranzi/LLL bloggers.
Posted by Glenmore">Glenmore  2006-11-21 08:04||   2006-11-21 08:04|| Front Page Top

#2 LLL included, the day we crack down on people posting third-party information (usually via direct quotation or URL link online) is the day free speech dies. The internet (even with Kos et al) is the last final free frontier for speech, in my book.

Of course, I was hoping to hold Fred and the mods accountable for posting all the trolls we've received lately (/sarcasm).
Posted by BA 2006-11-21 11:51||   2006-11-21 11:51|| Front Page Top

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