May 15, 2012 | News

Firm wins dismissal of lawsuit challenging allegedly defamatory internet article posted on celebrity blog

Plaintiff filed a lawsuit in the New York Supreme Court challenging an unflattering internet article about him that he claimed was false. The article, which was accompanied by a picture of the plaintiff, appeared on a celebrity blog. Plaintiff wanted the article and his photograph removed, claiming defamation, emotional distress, and violation of his statutory rights.

Jonathan D. Davis, P.C. filed a motion to dismiss all claims against the celebrity blogger, arguing that the Court lacked personal jurisdiction, that none of plaintiff's rights were violated, and that the federal Communications Decency Act, 47 U.S.C. § 230, shielded our client from any liability.

The Court dismissed the claims against our client, finding the facts did not support personal jurisdiction. The Court also agreed that under the Communications Decency Act “internet service providers … are immune from defamation suits resulting from the exercise of their traditional editorial functions, such as deciding whether to publish a particular item.”

The Court's motion to dismiss decision is available here.