Posted in DefamationWe have previously written about the U.S. legal landscape regarding consumers’ rights to post negative reviews of products or services on the internet, including some of the implications of the Consumer Review Fairness Act on these rights. The Consumer Review Fairness Act was passed in December of 2016 in response to some businesses’ efforts to … Continue reading
Posted in General, LitigationOn August 10, 2016, the United States District Court for the Northern District of California, in Fields v. Twitter, Inc., dismissed the plaintiffs’ complaint against Twitter with leave to amend. The plaintiffs’ complaint arose out of the deaths of Lloyd Fields, Jr. and James Damon Creach, two United States government contractors who were working at … Continue reading
Posted in GeneralThere is momentum to reform part of the 1996 Communications Decency Act that shields social media platforms from liability for third-party posts.… Continue reading
Posted in GeneralRecently, our posts have discussed the rising call to reform Section 230 of the federal 1996 Communications Decency Act. Now, a controversial Florida Bill provides an opportunity for the Supreme Court to take up social media regulation on First Amendment grounds, potentially avoiding Section 230 reform.… Continue reading
Posted in GeneralIn December 2021, our post Increased Likelihood of US Social Media Regulation discussed the rising momentum to reform Section 230 of the 1996 Communications Decency Act, which is often used to protect social media giants from liability for content posted on their platforms by third parties. Recently, U.S. Supreme Court Justice Clarence Thomas expressed displeasure … Continue reading
Posted in GeneralOn May 4, 2021, the Ninth Circuit reversed the district court’s judgment for Snap, Inc., owner of the mobile application Snapchat, in a case brought by the parents of two teenage boys tragically killed in a car accident. The parents claimed that Snap, Inc. caused the death of their sons through its negligent design of … Continue reading
Posted in Social media policiesSo far, 2021 has seen some social media businesses implementing content takedowns, rolling internal reforms and banning high-profile individuals and applications from using their services. It has caused some tech commentators to question recently whether this could be a defining moment in determining how social media businesses moderate content published on their platforms. Some are … Continue reading
Posted in GeneralUSMCA provision As organizations around the globe grapple with disinformation and fake news, the digital trade provisions in NAFTA’s successor may help assuage fears that internet content providers could be held responsible for such content. The US-Mexico-Canada Agreement (USMCA) contains important provisions dealing with the issues of free speech and digital trade.… Continue reading
Posted in GeneralThere has been an increase in cyberbullying with the rise of social media. According to the Canadian government, “cyberbullying involves the use of communication technologies … to repeatedly intimidate or harass others”. Federal and provincial governments have effected legislative change to make harmful cyberbullying behaviours criminal or at least provide civil remedies for those harmed. … Continue reading
Posted in DefamationIn Huon v. Breaking Media, LLC, the US District Court for the Northern District of Illinois held that federal law protects internet publishers from defamation claims based on content posted by commenters to online news stories (See Memorandum Opinion and Order, No. 1:11-cv-03054 (Dec. 4, 2014)). In Huon, the plaintiff sued the popular online legal blog … Continue reading
