Briefs Filed in Internet Libel Case

SAN FRANCISCO — The Electronic Frontier Foundation and the American Civil Liberties Union of Northern California filed a brief last week with the California Supreme Court in support of a woman who reposted allegedly defamatory statements on Usenet and was subsequently sued for libel.

The Supreme Court’s ruling, which will deal with whether bloggers, Internet service providers and others who repost third-party content on the Internet are given immunity under section 230 of the federal Communications Decency Act, could have grave implications for free speech on the Internet, according to attorneys.

“The vitality of the Internet would quickly dissipate if the posting of content written by others created liability,” said ACLU staff attorney Ann Brick. “The impulse to self-censor would be unavoidable.”

The underlying case revolves around Ilena Rosenthal, director of the Humantics Foundation for Women, and comments from alternative medicine activists Tim and Jan Bolen that allegedly contained defamatory remarks about Dr. Stephen J. Barrett and Dr. Terry Polevoy, who describe themselves as “Quackbusters.”

In August 2000, Rosenthal reposted on Usenet an email message she had received from Tim Bolen that allegedly accused Polevoy of “stalking women,” and urged readers to file complaints with a variety of regulatory groups.

Barrett and Polevoy notified Rosenthal that the message was false and asked that it be removed.

Rosenthal refused and posted additional messages on Usenet about the request.

The case was initially dismissed by superior court, but partially reversed in appellate court.

According to the appellate court’s ruling, Polevoy could continue with his case against Rosenthal because federal law should not invalidate the common-law principle that someone can be liable for defamation if they should have reasonably known that the statements in question were false.

“The foundation of any democratic society is human decency, and the right to protect one’s name and reputation lies at the heart of that,” Christopher Grell, attorney for both Barrett and Polevoy, told the Tri-Valley Herald.

The EFF and ACLU argue that limiting the scope of federal immunity for online publications might chill free speech.

“Section 230 protects the ordinary people who use the Internet and email to pass on items of interest written by others, free from the fear of potentially ruinous lawsuits filed by those who don’t like what was said about them,” said Brick.

According the brief filed by the EFF and ACLU, the proper recourse would be to sue the original information producer and not those who redistribute the information.

The case is Barrett et al. vs. Rosenthal, A096451.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

MojoHost Reaffirms Commitment to Adult Industry Amid Project 2025 Implications

In the wake of Tuesday's election and amid concerns about the possible ramifications for the adult industry, MojoHost President Brad Mitchell has releases a statement addressing Project 2025 and the future of the industy.

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Fetisfy Online Fetish Marketplace Launches

Fetisfy.com, an online marketplace for users to sell fetish items, has launched.

Pineapple Support Launches 'Spill the Tea, Colombia' Community Support Event Series

Pineapple Support has launched "Spill the Tea, Colombia," a monthly, in-person community support event for adult industry professionals.

Streamster Launches 'Tip2Peep' Camera-Switching Feature

Live-streaming software provider Streamster has launched Tip2Peep, a new feature that allows viewers to switch between multiple webcam viewing angles by tipping the creator.

Tyler Wu Guests on Chaturbate's 'Sex Tales' Podcast

Tyler Wu is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall on the company’s “Camming Life” YouTube channel.

Fleshy to Launch Interactive Cam Site 'Eromote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eromote.

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Show More