Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

A Member of the Law Professor Blogs Network

Wednesday, December 9, 2009

Tort Liability For Website Operators For Cyberharassment

Nancy S. Kim, California Western School of Law, has published "Imposing Tort Liability on Websites for Cyberharassment," at 118 Yale Law Journal Pocket Part 115 (2008). Here is the abstract.

Several female law students were the subject of derogatory comments on AutoAdmit.com, a message board about law school admissions. When one of the women asked the website administrator to remove certain comments, the administrator posted her request, prompting further attacks. An undergraduate student’s rape was revealed on a gossip site, JuicyCampus.com, where posters engaged in a cruel session of “blame the victim.” Another student on that site was falsely identified, by name, as being a stalker, bi-polar, and suicidal. When officials at her university asked JuicyCampus.com to remove the most egregious posts, the company refused. These recent cases have brought the vexing problem of cyber harassment to the public’s attention. Under Section 230 of the Communications Decency Act of 1996, websites are not liable as publishers for the content on their sites so long as they are not involved in its creation. Accordingly, much of the relevant scholarship has focused on repealing Section 230 or imposing liability upon posters. The immunity that website sponsors have as publishers should not mean that they have no obligation whatsoever for the activity on their website. Website sponsor - the entities that own the domain name and control the activity on a website - have a proprietary interest in their websites. Accordingly, they should be subject to the same standard of conduct as other proprietors.

Download the article from SSRN at the link.

http://lawprofessors.typepad.com/media_law_prof_blog/2009/12/tort-liability-for-website-operators-for-cyberharassment.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef0120a7384e1b970b

Listed below are links to weblogs that reference Tort Liability For Website Operators For Cyberharassment: