A federal district court in Georgia, in Herman v. Xcentric Ventures, LLC, has granted summary judgment to a website in a case that emphasizes the “robust immunity” provided by the Communications Decency Act (CDA). Defendant Xcentric Ventures operates www.ripoffreport.com, which allegedly displayed an anonymous defamatory post about the plaintiff’s law firm. As we have previously reported, courts have interpreted Section 230(c)(1) of the CDA as providing broad immunity for websites that display third-party content, as long as the websites do not contribute to the content. The plaintiffs argued that the website had added “original content” by providing a title for the third-party report, metatags, and new content on the website itself, thus acting as an information content provider and voiding any immunity under the CDA. The court determined, however, that any content contributed by the website was “generic” and common to all the user-generated comments on the site, and that the website had not created any content specifically about the plaintiff.
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