Civil Rights,
California Supreme Court
Jul. 11, 2018
Nonparty injunction ruling in online review case is a first
The California Supreme Court issued a landmark ruling squarely addressing whether a nonparty online service provider could be forced to remove a user-generated review.
Brian M. Willen
Partner
Wilson, Sonsini, Goodrich & Rosati
1301 Avenue of the Americas 40th Floor
New York , NY 10019
Phone: (650) 849-3340
Email: bwillen@wsgr.com
Consider this scenario: Someone posts a harsh review of a hotel on TripAdvisor. The hotel believes the review is defamatory. For two decades, federal law -- Section 230 of the Communications Decency Act -- has made clear that TripAdvisor and other online service providers are immune from claims seeking to hold them liable for publishing or distributing information posted by their users. So, instead of suing TripAdvisor, the business owner sues the author of the review...
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