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Defamation Communications Decency Act Social Media

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -
Haight Brown & Bonesteel LLP

Double Check Your Work: Online Content Creators Who Use Defamatory Material From a Third Party May Not Be Protected By the...

In Rose Bui v. Ngo Ky (No. G062338, filed May 8, 2024 and certified for partial publication), the California Court of Appeal, Fourth District reversed a trial court’s grant of a special motion to strike Plaintiff’s complaint...more

Amundsen Davis LLC

Responding To Negative Online Posts About Your Business

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Every business struggles with negative online reviews. Unless the negative post directly violates hosts’ terms-of-use, it is highly unlikely that the host site (e.g. Yelp, Glassdoor, Instagram, etc.) will remove the post....more

Poyner Spruill LLP

Section 230 Shields Twitter from Congregational Claims

Poyner Spruill LLP on

A federal court has ruled that 47 U.S.C. “Section 230” of the Communications Decency Act shields Twitter from claims it aided and abetted defamation. Brikman v. Twitter, Inc., 2020 WL 5594637 (E.D.N.Y., September 17, 2020)...more

Spilman Thomas & Battle, PLLC

Trump vs. Twitter: The Feud Over Section 230 and Online Censorship

As part of Spilman's Decoded: Technology Law Insights e-newsletter, Spilman members Joseph Schaeffer and Nick Mooney discuss Section 230 of the Communications Decency Act and how it plays into President Trump's recent...more

Fisher Phillips

Best Practices For Addressing Negative Social Media Posts Caused By The COVID-19 Pandemic

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As the COVID-19 pandemic continues, the healthcare industry is understandably fraught with unease and uncertainty. This, coupled with the ubiquity of social media, creates challenges for healthcare providers facing public...more

Morrison & Foerster LLP - Social Media

The Joys and Dangers of Tweeting: A CDA Immunity Update

A recent decision from a federal court in New York highlights the limits social media users enjoy under Section 230 of the Communications Decency Act (CDA). The case involves Joy Reid, the popular host of MSNBC’s AM Joy who...more

K&L Gates LLP

Digital Crisis PR: Dealing with Negative Online Reviews

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Whether posted by customers, employees, or others, negative online reviews can be damaging to your business. In this episode, Elisa D’Amico and Desiree Moore offer four tips to manage and minimize the repercussions from...more

K&L Gates LLP

Digital Crisis PR: Removal of Unlawful Content from Digital Platforms

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Whether you are an individual, a start-up, or a multi-million dollar corporation, there is an art to removal-or “takedowns”- of unlawful content or negative reviews that have been posted about you or your business online. In...more

Pillsbury - Internet & Social Media Law Blog

Twibel Warfare: To Retweet or Not to Retweet Is Still the Question

Earlier this month, we discussed the ways in which companies should navigate negative critiques and reputation management in the Age of Social Media. One option includes the pursuit of litigation, often demonstrated through...more

Fox Rothschild LLP

Discovery A Defendant In Facebook Flame War

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An ugly dispute between two reality stars has the potential to create precedent on the responsibility of television networks for posts by its talent on social media sites. The protagonists are Mykel Hawke and Joseph Teti,...more

BCLP

Yelp Cannot Be Held Liable for Negative Review

BCLP on

Retailers are familiar with Yelp.com as a ratings website with a star rating system that allows customers to rate products and services they receive, as well as add individual reviews and comments. Positive reviews can...more

Morrison & Foerster LLP - Social Media

Controversial California Court Decision Significantly Narrows a Crucial Liability Safe Harbor for Website Operators

A recent California court decision involving Section 230 of the Communications Decency Act (CDA) is creating considerable concern among social media companies and other website operators....more

Brooks Pierce

Pitfalls in Managing Online Reputations

Brooks Pierce on

Whether you represent sports stars and high-profile entertainers, or hometown doctors, architects, and restaurateurs, you have almost certainly gotten calls in the past several years asking for your help in dealing with...more

Bilzin Sumberg

Lessons from eMerge: The Communication Decency Act, A Tool Against Cyberbullying

Bilzin Sumberg on

The 3rd annual eMerge conference hosted a list of speakers as diverse as Miami. Among them, Colin Powell, Tony Hawk, Pitbull, and Monica Lewinsky. Just last year, Ms. Lewinsky broke her public silence when she gave a...more

Morrison & Foerster LLP - Social Media

Status Updates: Appeals court upholds anti-cyberbullying law; better marketing through neural networks; restaurant owner turns the...

Cruel intentions. Laws seeking to regulate speech on the Internet must be narrowly drafted to avoid running afoul of the First Amendment, and limiting such a law’s applicability to intentional attempts to cause damage usually...more

Lewitt Hackman

When Bad Things Happen to Good People...On the Internet

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The internet has generated countless new ways to communicate and share thinking. Some posted information is negative, which can still be useful when messages are truthful, in good taste, and constructive. But some negative...more

Jackson Walker

An Update On The Legal Implications Of User-Generated Content: Facebook, Youtube, Twitter, And Instagram

Jackson Walker on

Traditionally, media companies (as well as non-media companies) almost exclusively utilized their own content. However, because of the exponential growth in the public’s desire and ability to interconnect through social media...more

Greenberg Glusker LLP

#Libel and the Lulu App

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You can rate your favorite pizza place online. Why not your ex-boyfriend? That’s the idea, at least, behind Lulu. The popular app allows women, verified through their Facebook profiles, to rate men using pre-written...more

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