CDA230

Doe v. MySpace, Inc., 528 F.3d 413 (5th Cir. 2008), cert denied, 129 S. Ct. 600 (2008)

Type of online publisher: 
MySpace, social network
Publisher's Role in Third Party Content: 
Hosted only (no other role alleged)
CDA § 230 applicable?: 
Yes

A court held that CDA § 230 barred a negligence claim against MySpace for failing to implement safety measures that would prevent minors from lying about their age and creating "public" profiles that enabled them to communicate with sexual predators online. The victim was a 13-year old daughter who created a public MySpace profile by claiming to be 18; she then exchanged personal information with a 19-year old who ultimately assaulted her. Her parent sued MySpace for fraud and negligence. But the court held these "allegations are merely another way of claiming that MySpace was liable for publishing the communications and they speak to MySpace's role as a publisher of online third-party-generated content."

Key Quotes:

Courts have construed the immunity provisions in § 230 broadly in all cases arising from the publication of user-generated content.

Court Opinion Document: 
Jurisdiction: 

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