Australian High Court Says Facebook Accountholders "Publish" Third-Party Defamatory Comments--Fairfax Media v. Voller

The High Court of Australia has issued a troubling ruling that says Facebook accountholders potentially could be strictly liable for all defamatory comments to their Facebook posts. That legal standard could devastate social media usage in Australia. It increases the risk…

FOSTA Claim Can Proceed Against Twitter--Doe v. Twitter

The court summarizes the allegations: Plaintiffs John Doe #1 and John Doe #2 allege that when they were thirteen years old they were solicited and recruited for sex trafficking and manipulated into providing to a third-party sex trafficker pornographic videos…

As Expected, Malwarebytes Defeats Enigma's Lawsuit Without Section 230's Help

Malwarebytes and Enigma offer competitive anti-threat software. Malwarebytes classified Enigma’s software as a “potentially unwanted program,” or PUP, and quarantined the programs. Enigma sued Malwarebytes for that classification/quarantine. Initially, the district court dismissed the case on Section 230(c)(2)(B) grounds. In…

Online 'Diatribe' Over a Birthday Cake Isn't Protected by Anti-SLAPP Law--Woodhill Ventures v. Yang

The court opinion starts: “This case is about a birthday cake.” Ben “Baller” Yang, blinger to some stars, and his wife threw a birthday party for their 7 year old child, London (is this London’s Instagram page?). The wife ordered…

Twitter's Content Moderation Explanations Aren't Defamatory Per Se--Isaac v. Twitter

This lawsuit involves a NY Post article about Hunter Biden’s connections with Ukranian businessmen. The “smoking gun” evidence purportedly came from Hunter Biden’s laptop that he allegedly abandoned at a Delaware computer repair shop run by the plaintiff. The plaintiff,…

Court Casts Doubt on the Legality of the Data Brokerage Industry--Brooks v. Thomson Reuters

Thomson Reuters (TR) offers a database called “CLEAR” that assembles personal information into individual dossiers. The plaintiffs are Black civil rights activists leading a class action lawsuit for publicity rights and related claims. The court denies TR’s motion to dismiss–in…

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. There is no shortage of articles being generated online, and often those content producers simply canvass the web…

By Guest Blogger Tyler Ochoa Last week, the U.S. Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2), which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides…

Cable News Shows Are Defamation-Free Zones--OANN v. Maddow

This lawsuit involves the Rachel Maddow Show on MSNBC. Based on a story from the Daily Beast, Maddow ran a segment claiming that an OANN employee was on the Kremlin’s payroll, concluding that OANN “really literally is paid Russian propaganda.”…

Facebook Defeats Lawsuit Over Discriminatory Housing Ads--Vargas v. Facebook

This lawsuit alleges that Facebook is liable for Fair Housing Act discrimination purportedly enabled by its self-service advertising tools. The court grants Facebook’s motion to dismiss the Third Amended Complaint. I believe this case is now ready for a Ninth…