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Defamation Internet

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -

Defamation Suit against Buzzfeed Will Proceed in Miami

by Akin Gump - Excubitor on

On May 22, 2017, the U.S. District Court for the Southern District of Florida denied the motion of Buzzfeed, Inc. (“Buzzfeed”) and its editor-in-chief to transfer to New York a defamation lawsuit involving Buzzfeed’s...more

Wikitribune and broken news

by Hogan Lovells on

Wikipedia founder Jimmy Wales completes crowd-funding this week for his latest venture: Wikitribune, a news platform that, while not affiliated with Wikipedia, applies Wikipedia’s collaborative model to journalism. Wales...more

Supreme Court of Canada to address jurisdiction issues in online defamation case - Leave granted in Goldhar v. Haaretz.com

by Dentons on

On March 9, 2017, the Supreme Court of Canada (SCC) granted leave in Goldhar v. Haaretz.com1. This case is important because the SCC will address three key issues relating to the assumption of jurisdiction by Canadian courts,...more

Ninth Circuit Reaffirms Section 230 Protections

by LeClairRyan on

Information Counts. That’s the title of this blog. And it’s an indisputable fact. Information is – and has been for at least 20 years – the currency of our economy, providing consumers, regulators and the general public...more

Controversial California Court Decision Significantly Narrows a Crucial Liability Safe Harbor for Website Operators

A recent California court decision involving Section 230 of the Communications Decency Act (CDA) is creating considerable concern among social media companies and other website operators....more

In Online Defamation Case, Court Finds That Personal Jurisdiction Does Not Exist Over Blogger Who Directed Online Reviews To A...

by Kelley Drye & Warren LLP on

The Eastern District of Virginia recently dismissed an online defamation case on personal jurisdiction grounds. The case related to a gun-aficionado blog, created in Arizona and aimed at a “nationwide marketplace of...more

Social Links: Publishers claim ad blockers violate FTC rules; Twitter bags its “buy button”; has the IoT gone too far?

The Newspaper Association of America has filed a first-of-its-kind complaint with the FTC over certain ad blocking technologies. Is it “Internet” or “internet”? The Associated Press is about to change the capitalization...more

Will the Zippo sliding scale for Internet jurisdiction slide into oblivion?

by Thompson Coburn LLP on

Though Internet communications seem to occur in a mystical electronic ether (which we once called cyberspace), authors of Internet messages can be held accountable for them in that very traditional physical place known as a...more

GAME OF (STICKS &) STONES – Prior Restraint & Online Defamation

by Kelley Drye & Warren LLP on

In previous posts, we have explored several aspects of internet defamation – including suing anonymous internet and twitter users and the protections afforded to internet users and providers for re-publishing content under...more

Sports, Media and Entertainment Intelligence - June 2015

by DLA Piper on

ADVERTISING - UK: Tweaks to rules on sales promotions and competitions - The UK’s Committee of Advertising Practice (CAP) has introduced changes to the provisions of its advertising code which deal with the running of...more

The Bermuda Triangle of Online Defamation: Copyright, Clickwrap and the CDA

We have written many times about attempts to use copyright law to do what defamation law can’t: take stuff down from the internet. Because Section 230 of the Communications Decency Act (“CDA”) prevents a defamation plaintiff...more

Landmark UK Judgment Against Author of False Online Review

When Google users searched for The Bussey Law Firm, P.C., they would not be able to miss a scathing review calling Mr. Bussey a “scumbag” who “loses 80% of his cases.” Discovery revealed the disgruntled “client” to be a...more

A New Remedy for Online Defamation

by Ifrah PLLC on

In the United States it is enormously difficult to remove allegedly defamatory information from the internet. A victim can take the expensive and time-consuming step of suing the author for defamation in court. However,...more

Status Updates - August 2014 #3

..Completely liable? A Hong Kong court has found that Google may be liable for defamation based on the words that it used to “auto-complete” a person’s name in a search. In this case, the words that were added implied that...more

Internet liability rules change (again) after Wikipedia case

by DLA Piper on

Internet liability rules applicable to Wikipedia are different from the ones with which YouTube has to comply according to the Court of Rome as Wikipedia has now been declared not liable to for the defamatory contents...more

Website Operator Not Liable for UGC; Also, Sun Rises in the East

by Gray Reed & McGraw on

Last month, the Sixth Circuit ruled that website operators are not liable for content provided by others (User Generated Content or UGC) because of Section 230 immunity under the Communications Decency Act in the Jones v....more

Copyright As An Online Reputation Management Tool: A Round Hole For A Square Peg

So, how is copyright law doing as an online reputation management tool? We have written many times recently about the use of copyright law to do what defamation law can’t: take stuff down from the internet. A...more

Message Board Post Highly Critical of Company is Opinion and Thus Not Defamatory

by Holland & Knight LLP on

An essential defense to a defamation claim is "pure opinion." In other words, if the defendant can show that the statements alleged to be defamatory are opinions protected under the relevant free speech laws, the defamation...more

Protecting High Profile Reputations - Brownstein's $19 Million Verdict Stands After Appeal

In the modern age of the Internet where “news”—whether or not it’s true—spreads worldwide in an instant, high-profile corporate and individual reputations are under attack every day from business adversaries, disgruntled...more

Virginia Supreme Court Agrees to Hear Appeal in Yelp Users Defamation Case

by Holland & Knight LLP on

Yelp.com (Yelp) labels itself an "online urban guide." Specifically, the website allows users to write reviews about experiences at businesses they've visited. It also permits users to browse the posted reviews. The...more

Communications Decency Act Forecloses Liability For “Amplifying,” “Endorsing” and “Adopting” Defamatory Statements With Hyperlink

Two weeks ago, in Vazquez v. Buhl, the Appeals Court of Connecticut affirmed dismissal of a defamation claim against CNBC for hyperlinking to an online report by journalist Teri Buhl. The Court held that, although CNBC...more

Ferreting Out the Frauds: a Virginia Court Orders Yelp To Identify Anonymous Users

Social media is widely used in the hospitality industry for everything from promoting sales to recruiting new talent. Facebook, Twitter, Pinterest, Foursquare, and a number of other sites provide hoteliers and restaurateurs...more

Yelp Denied Attempt to Keep Its Online Reviewers’ Identities Anonymous

by BakerHostetler on

In 2012, a local rug cleaning company in Virginia, Hadeed Oriental Rug Cleaning (“Hadeed”), filed a defamation action against the authors of seven critical reviews it received on Yelp, indicating that the reviews falsely...more

A Tough Assignment: The Use of Copyright Law to Squelch, and Preserve, Negative Online Reviews of Doctors and Lawyers

There are few things more terrifying to a doctor, lawyer or other professional than a bad online review. Online reviews are frequently uncivil, often indelible and in some cases outright false. Meanwhile, Section 230 of the...more

Hyperlinking within an Online Article could Immunize the Speaker against a Defamation Claim

by Holland & Knight LLP on

For even the most novice internet user, hyperlinks are undoubtedly helpful to the browsing experience. Hyperlinks assist users in navigating through the vast amounts of undesirable content on the web by providing a reference...more

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