Online Defamation: Bringing the Communications Decency Act of 1996 in Line With Sound Public Policy

By: Ryan W. King

According to the Communications Decency Act of 1996, a provider of an interactive computer service cannot be held liable for publishing a defamatory statement made by another party. In addition, the service provider cannot be held liable for refusing to remove the statement from its service. This article postulates that such immunity from producer and distributor liability is a suspect public policy, and argues that the statute should be amended to include a broad definition of “development” and a “take-down and put-back” provision.

Cite: 2003 Duke L. & Tech. Rev. 0024

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