Sex, Lies… And a Dumb Mistake Your Blog Website Can’t Afford

Copyright © 2009 Chip Cooper

Does your website incorporate a blog, forum, or listserv — where users may post text or files? If so, are you liable if your users post defamatory materials about someone else?

In 1996, Section 230 of the Communications Decency Act (Section 230) came to the rescue of “interactive computer services” by overruling prior case law that would hold websites liable. But Section 230 is not bullet-proof. Interactive websites may still be liable as the May, 2009, Ninth Circuit case of Barnes v. Yahoo, Inc. illustrates.

Sex And Lies

The case of Barnes v. Yahoo involved salacious facts centering on the aftermath of a break-up between plaintiff Cecilia Barnes and her boyfriend.

After the break-up, Barnes’ ex-boyfriend created fictitious profiles for her on a website operated by Yahoo. Included were nude photos, plus offers for sex. To make matters worse, he also provided her email address, physical address, and work phone number. All this resulted in Barnes receiving emails and calls with the expectation of a sexual liaison.

The Dumb Mistake

After Barnes’ four separate emails to Yahoo demanding the removal of the objectionable materials did not result in their removal, Barnes received a call from an executive at Yahoo. Barnes alleged that the executive promised to “take care of it”. Barnes further alleged that she relied on this promise and took no further action to remove the objectionable materials.

You guessed it — Yahoo failed to remove the objectionable materials, and after two months, Barnes filed a lawsuit against Yahoo. (more…)