A. (§5.76) Communications Decency Act
In general, defamation via the internet is subject to the same legal principles as discussed throughout this chapter. But the Communications Decency Act of 1996, Pub. L. No. 104-104, 110 Stat. 133, limits the liability of internet service providers and other interactive internet sites for content posted by third parties. Thus, while a newspaper might be held liable for publishing a libelous "Letter to the Editor" in its newspaper, it cannot be liable for a reader’s posting of the same libelous comments on the newspaper’s website.
Under 47 U.S.C. § 230(c)(1) of the Communications Decency Act of 1996, "[n]o 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." Under § 230(e)(3), "[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."
Courts have uniformly held that this statute precludes any form of defamation or invasion of privacy claim against internet sites for third-party postings on the site. See,...
