Internet Defamation
Internet defamation is a false and unprivileged allegation of fact made that damages an individual’s reputation, and that is published as a result of negligence or malice. Online libel is a written comment, review, post or article. Online slander is a spoken defamation, and can include, for example, a false allegation of fact via a podcast or audio file.
Court Rules Former MLB Player’s Reputation Renders Him Libel-Proof
A New York trial court recently ruled that former Major League Baseball player and all-start Lenny Dykstra’s reputation was so poor that he could not be defamed. The matter was Lenny Dykstra v. St. Martin Press, LLC, et al., in which Mr. Dykstra sued his former New York Mets teammate Ron Darling for defamation based…
Read Article...CDA Section 230 Immunity Shields Yelp From Order to Remove Posts
Earlier this month in the matter of Hassell v. Bird, the California Supreme Court reversed a lower court ruling, holding that that Yelp cannot be compelled to remove a defamatory posted review. In doing so, the court concluded that Yelp was protected by Section 230 of the Communications Decency Act. The decision is particularly impactful…
Read Article...“Revenge Porn” Issue Gains Traction As Bill Passes New York Senate
The New York State Senate recently passed legislation (S5946A) that would make it a crime to distribute “revenge porn.” In short, “revenge porn” is a form of cyber bullying . It is the practice of sharing private nude or sexually explicit photographs or videos of people online without their consent, even if the photograph was…
Read Article...New York Court Rules That Bulletin Board-Style Online Forum Suggests Posts Are Mere Opinions
On June 26, 2014 in the matter of Nanoviricides, Inc. v. Seeking Alpha, Inc., the New York Supreme Court for the County of New York held that a negative anonymous online forum post about a company was a statement of pure opinion, not subject to defamation claims. NNVC sought a court order to identify an…
Read Article...Encouragement of Gossip Not Enough to Bypass CDA Immunity
The U.S. District Court for the Western District of Missouri recently ruled that TheDirty.com’s implied encouragement of harassing gossip through its editorial rhetoric did not amount to “development” of an offending online post that would undermine the website’s immunity under the Communications Decency Act (“CDA”). The plaintiff in this case sued the website and its…
Read Article...
Please contact us at (212) 756-8777, via email to info@hinchnewman.com or via our Online Case Submission Form.