February 10, 2010

Online Defamation and Anonymous Defendants

by Richard Raysman and Peter Brown
New York Law Journal

Bad news travels fast. So fast on the internet, that in a few hours or days a company's or professional's reputation can be smeared by anonymous postings on consumer ratings sites or through longer screeds on other forums.

The internet makes it easy to disseminate information and ideas anonymously, offering bloggers and others the ability to express themselves behind cloaked identities, sometimes in a defamatory manner. For certain professionals, responding to online criticism can be difficult because of privacy laws preventing them from discussing a client's case.

Increasingly, affected companies and individuals are filing actions seeking the removal of offensive postings and an award of monetary damages. websites and providers of interactive services are generally immune from third-party liability under §230 of the Communications Decency Act for the mere posting of user-generated content. However, the creators of the original defamatory statements are not protected under the act. Therefore, if these individuals can be identified, they may be held liable. However, a party that believes it has been defamed must consider a variety of legal standards before initiating an action.

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