Federal Rule Bars Post-Judgment Injunctive Relief against Web Site for Third-Party Defamatory Posts

6 01 2010

We have previously described as “robust,” the protection afforded interactive service providers from liability for defamatory contents posted by third parties by Section 230 of the Communications Decency Act.  But in Blockowitz v. Williams, 1:09-cv-03955 (N.D. Ill. Dec. 21, 2009), involving post-judgment efforts to have defamatory postings removed from a consumer complaint Web site ,  the protection comes, not from CDA Section 230, but from Fed. R. Civ. P. 65, which governs the enforcement of injunctions.

Perhaps predictably, for followers of CDA Section 230 jurisprudence, the consumer complaint Web site involved is the Ripoff Report, operated by perennial defendant Xcentric Ventures, Inc.


The content in this post was found at http://newmedialaw.proskauer.com/2010/01/articles/online-content/federal-rule-bars-postjudgment-injunctive-relief-against-web-site-for-thirdparty-defamatory-posts/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NewMediaAndTechnologyLaw+%28New+Media+and+Technology+Law%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



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