Information Society Watch

November 21, 2006, Anne Broache, ZdNet

The California Supreme Court ruled that individual Internet users, such as those posting blogs and other web publishers, cannot be held liable for republishing defamatory statements written by others. This is in affirmation of the Communications Decency Act of 1996 which protects Internet providers as well as users of online services who re-post content. Section 230 of this act specifically removes liability from companies that attempt to restrict access to questionable material. Now, through the current ruling this protection is extended to individual Internet users. The new law will allow anyone who claims to be defamed by an Internet posting to seek damages only from the originator of the slander. Traditionally, common law distinguishes between "publishers" (newspapers and books) and "distributors" (vendors), but these traditional distinctions are untenable in the online world and serve to restrict free speech. The ruling recognises these complexities and has therefore been hailed by bloggers, web publishers and free expression advocates.

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