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Defamation Internet Internet Service Providers (ISPs)

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 -
Stikeman Elliott LLP

De-indexation of Defamatory Materials: Five Takeaways From a Recent Québec Superior Court Decision

Stikeman Elliott LLP on

On March 28, 2023, roughly six months before the right to request de-indexation takes effect in Québec, the Superior Court of Québec ordered Google to pay $500,000 to A.B., a prominent Québec businessman, for failing to...more

Morrison & Foerster LLP - Social Media

EDNY Refuses To Dismiss on § 230 Grounds In “Shitty Media Men” Defamation Case

In Elliott v. Donegan, a federal district court in New York held that Section 230 of the Communications Decency Act does not warrant the dismissal of a defamation claim where the plaintiff’s complaint did not “foreclose[] the...more

Morrison & Foerster LLP - Social Media

The Coming Border Wars: U.S. Court Decision Refusing to Enforce Canadian Court Order Highlights the Growing Balkanization of the...

Does a search engine operator have to delist websites hosting, without authorization, your trade secret materials or other intellectual property? The answer may depend on where you sue—just ask Google. The U.S. District Court...more

Foley Hoag LLP - Trademark, Copyright &...

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

Akin Gump Strauss Hauer & Feld LLP

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

BakerHostetler

Yelp Denied Attempt to Keep Its Online Reviewers’ Identities Anonymous

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

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