Plaintiff Whitney Information Network sued various defendants that publish websites which purport to provide consumers with an outlet to report dishonest companies. Whitney claimed it had been harmed from the defendants’ reckless publication of false stories about its business. It alleged various causes of action against the defendants, including defamation per se of business reputation.
The defendants moved to dismiss the defamation claim, arguing that Section 230(c)(1) of the Communications Decency Act shielded them from liability for defamation. That portion of the act provides 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.”
The court found that the defendants did not write the messages that appeared on their websites. Instead, visitors to the website submitted the information. Accordingly, the court dismissed the defamation claim, holding that the “Defendants are a service provider as they publish information by consumers on their website.”
Whitney Information Network, Inc. v. Xcentric Ventures, LLC, 2005 WL 1677256 (M.D.Fla., Jul 14, 2005).