It's been clear for
more than 10 years that Web services are immune from lawsuits based on users' libelous posts. But that hasn't stopped people from suing.
In the latest example, a Manhattan condo
board president and property manager have sued four Web services -- Twitter, Ning, GoDaddy and WordPress -- for allegedly defamatory posts by residents. The libel lawsuit, filed last week in state
court in New York, seeks $22 million in damages for the allegedly defamatory posts.
The case grew out of a heated dispute concerning the Atelier condo building at 635 W. 42nd St. in Hell's
Kitchen. The condo's resident manager, Robert Moricone Jr., committed suicide last month. Afterwards, some Web users allegedly made inflammatory posts on blogs and Twitter. One post allegedly carried
the headline, "Atelier Building... Site of Corruption Mess and One Man Dead So Far."
Subsequent posts included statements like: "It is still unclear at this point whether the death of the
building's resident manager, Robert Moricone, today was a murder, a suicide, or something else altogether." The lawsuit alleges that several tenants and former employees as well as up to 10 anonymous
Web users made the posts.
The complaint indicates that some residents were unhappy with a management decision last November to stop allowing occupants to rent out their apartments for less than
90 days. Some New Yorkers make extra money by renting their apartments to visiting tourists. Apartments in that neighborhood are listed on Craigslist for nearly $200 a night.
Atelier condo board
president Daniel Neiditch and property manager Sabrina Mehmedovic said in their lawsuit that they took measures to enforce this new prohibition against occupants as well as building staff. At least
two staffers were fired for allegedly "neglecting their job duties" after the crackdown began.
Shortly afterwards, some commenters allegedly made complaints online, accusing Neiditch and
Mehmedovic of "murder, bribery, corruption and extortion" in various posts to blogs and Twitter, according to the complaint.
But regardless of whether the posts are defamatory, courts have
consistently held that Web services are immune from liability for users' allegedly libelous comments, says Sam Bayard, assistant director at the Citizen Media Law Project. "There's no case that's cast
doubt on the simple principle that passively hosting someone else's material is completely protected."
Nonetheless, these types of lawsuits continue to be filed. Earlier this year, New York
teenager Denise Finkel sued Facebook for defamation after she was allegedly harassed on the site. Also, a
New York man recently unsuccessfully attempted to sue Craigslist after he was shot and seriously injured by
someone who purchased a gun on the site.
For Twitter, this case marks at least the second time this year the service has been dragged into court based on users' posts. St. Louis Cardinals
manager Tony LaRussa sued Twitter for trademark infringement after an imposter created a parody account, but later dropped the case. In that instance, however, the Communications Decency Act wouldn't have protected Twitter
because that law does not immunize Web services when users infringe on copyright or trademark.