Choosing A Specific Domain Name And Adding Commentary To Defamatory Posts Causes Host To Lose §230 Immunity

Richard Raysman is a Partner in our New York office.

Via Section 230, the Communications Decency Act (CDA) provides broad immunity for service providers, hosts and website operators for claims stemming from their publication of information created by third parties. In general, courts have adhered to that expansive view in construing Section 230, even in cases when the operator knowingly published defamatory content. However, one recent case from the Eastern District of Kentucky illustrates there are limits to the extent of the aegis afforded by this immunity.

In Jones v. Dirty World Entm't Recordings, LLC, No. 2:09-cv-00219-WOB (E.D. Ky. Aug. 12, 2013) the plaintiff, a cheerleader for the Cincinnati Bengals, requested that defendant's website "thedirty.com" remove highly negative posts about her alleged intimate relationships. When the defendant refused, the plaintiff sued for defamation and libel per se, among other claims. In response, the defendant website