Communications Decency Act provides shield from liability for posting critical e-mail

In the case of Roskowski v. Corvallis Police Officers’ Association, the U.S. District Court for the District of Oregon has awarded summary judgment in favor of defendant, holding that a provision of the Communications Decency Act of 1996 provides immunity to the defendant for the posting of allegedly defamatory email online.

After plaintiff Roskowski resigned from her position as chief of police of Corvallis, Oregon, she filed suit against the Corvallis Police Officers’ Association for defamation. Roskowski claimed that she was damaged by certain anonymous email messages critical of her that were posted on a website that was established by the Association.

The Association moved for summary judgment, which the court granted. It held that Section 230(c) of the Communications Decency Act of 1996, 47 U.S.C. §230(c) provided immunity to the Association. This section of the Act provides, in relevant part, that “no 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.”

In awarding summary judgment, the court held that (1) by merely providing a website the Association qualified as a provider of an “interactive computer service,” (2) the website was merely a vehicle for others to post or present their ideas, thus the Association did not control in any way the information provided, and (3) the Association was not a publisher of information as alleged by Roskowski.

Roskowski v. Corvallis Police Officers’ Association, 2005 WL 555398 (D.Or., March 9, 2005)

See also the discussion on InternetCases.com of the recent New Jersey case of Donato v. Moldow, 2005 WL 201121 (Ct. App. N.J., January 31, 2005).