Internet Defamation – Liability of Website v. Author

Internet users can and do post everything and anything on the Internet. When a false or unprivileged Internet posting exposes a person or business to hatred, contempt, ridicule, or obloquy, or which causes him/her to be shunned or avoided, or which has a tendency to injure him/her in his occupation, then the posting could constittue libel and also give rise to a false light action.

The Internet is a common and accepted means for people to publish statements and if someone has posted defamatory statements about you or your business you do have a claim against the Internet poster. “[P]laintiffs who contend they were defamed in an Internet posting may only seek recovery from the original source of the statement.” Barrett v. Rosenthal, (2006) 40 Cal.4th 33, 58. An Internet posting constitutes a publication for purposes of a defamation/false light action because the libelous communication is being made to a large number of persons as distinguished from one individual or a few. See Kinsey v. Macur, (1980) 107 Cal. App. 3d 265, 270.

There are many websites that allow its users to create and generate content in which the websites will post that can and do make for defamatory statements that would be actionable against the author. These websites carry exclusive licenses for all user generated content and thus can post or take down the libelous publication. Keep in mind that various safe harbor provisions immunize websites who fall into the “online content provider” category, from defamation lawsuits. In other words, one cannot sue a website for the act of allowing someone to post a defamatory statement.