CDA Immunizes Message Board Operator That Edits Posts From Defamation Claim

This week's Internet Law Update features an extensive analysis Anthony DiMeo, III v. Tucker Max, Civil Action No. 06-1544, (E. D. Pa., May 26, 2006). There, the court held that the Communications Decency Act immunizes a message board operator from defamation claims arising out of posts appearing on his boards that were authored by others. This immunity extended to the defendant operator notwithstanding plaintiff’s claim that the defendant operator edits posts that appear on his boards, and selects posts that will either be published thereon, or removed therefrom. The Court accordingly dismissed with prejudice defamation claims asserted by plaintiff Anthony DiMeo III arising out of offensive postings that appeared on defendant’s message boards.

The Court also dismissed plaintiff’s claim that defendant violated the criminal statute 47 U.S.C. § 223 (a)(1)(C), which prohibits use of a telecommunications device anonymously to harass another. Defendant neither acted anonymously – his name appeared both in the domain name and title of the message boards found on his website – nor did he use a telecommunications device, within meaning of the statute, in operating his web site.

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