Mayhew v. Dunn [1]

Chris Grotke and Lise LePage, co-founders and owners of iBrattleboro.com [2], a citizen journalism site based in Brattleboro, Vermont, were sued on November 16 for libel based on a comment submitted by one of the site's users. The lawsuit, brought by Effie Mayhew, alleges that David Dunn, the former executive director of Rescue Inc. [3], an emergency medical services organization where Mayhew works as a volunteer, libeled her in a comment on the site.

According to the complaint [4], on September 30, 2007, Dunn authored an article in which he

states without specificity general sexual liaisons are being conducted on the premises. Then he names Ms. Mayhew, further stating that she is conducting an "affair" with a "married member of the Rescue, Inc. board of trustees" indicating that this behavior was happening during "on call" hours at the agency.

The complaint doesn't appear to make any allegations that Grotke or LePage authored the allegedly defamatory statements, only that they failed to edit or remove the comment. As a result, Grotke and LePage are almost certainly shielded from liability under section 230 of the Communications Decency Act [5] ("CDA 230").

Under CDA 230, "[n]o 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." This immunity preempts state law causes of action, like defamation claims, that are based on "publisher" liability. Moreover, immunity exists even if a defendant edits comments (so long as the edits do not materially change the meaning of the statement) or otherwise exercises discretion in selecting which comments to post or remove.

Update:

12/3/07 - Defendants Grotke and LePage filed motion for judgment on the pleadings [6]

3/18/08 - Court dismissed [7] action under CDA 230 as to defendants LePage, Gotke, and MuseArts Inc.

9/2/08 - We were informed that the Court dismissed the remaining claim against David Dunn