A lawsuit filed against Various, the parent company of AdultFriendFinder, in federal court was dismissed Tuesday, strengthening the argument that websites are not responsible for content posted by third parties.
The suit was filed by Shelly Landry-Belle, who claimed that an ex-boyfriend had posted false, defamatory and obscene information about her on AdultFriendFinder and other personals sites operated by Various. Posts contained clothed pictures of Landry-Belle, but suggested she would engage in, as Judge Mark Hornsby wrote in his dismissal, “lewd and obscene acts of perversion.” Other posts suggested she was bisexual.
Various’ attorney Ira Rothken defended the company, filing a motion to dismiss based on Communications Decency Act (CDA) immunity given to Internet service providers. The CDA states that “no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”
“I think this is going to provide an important precedent for online adult sites to give them comfort that they have immunity when third parties post something defamatory,” Rothken says.
“AdultFriendFinder has millions of people posting millions of things every single day. We can’t be the arbiter of who’s right and who’s wrong. There could be a complaint that comes in… and they could be lying. We can’t do a micro-investigation every time.”
Landry-Belle has 10 days from dismissal to appeal the case, but Rothken doesn’t believe an appeal will be heard.
“It’s not likely the court will change its mind when it accepted as true all of the allegations the plaintiff made and still found against them,” he says. “I think this gives great precedent to any adult site that allows anyone to upload pictures and content, to be able to rely on this [case] should they get sued.”
Landry-Belle is also attempting to sue the ex-boyfriend, Zach Wilhelm, but she has not been able to locate him.
To read dismissal, click" target="_new" > here.
