Victims of Online Posts

A recent New York Times article highlights many of the potential legal issues associated with certain online posts that arise from several lawsuits that have been filed against the owners and operators of certain websites by people alleging to be victims of these posts.  An online revenge post is typically a photograph being posted or distributed online without the subject’s permission.  Recently, one case resulted in a default judgment of $300,000 for the alleged victim, issued by a federal judge in Michigan. 

In a separate case, the website operator claimed immunity under the 1996 Communications Decency Act, the popular name for Title V of the 1996 Telecommunications Act (47 U.S.C. § 230). This Act provides immunity from liability for providers and users of an interactive computer service who publish information provided by others (47 U.S.C. § 230(c) (1)). In order to benefit from this immunity, however, certain specified provisions must be met.

Based on the article, some other legal issues and future legislation that could result from these lawsuits include:

• invasion of privacy violations,
• First Amendment freedom of speech challenges,
• protection of minors, and
• whether online revenge posts should be subject to criminal or civil penalties.