Brooks Pierce attorneys Eric David and Ryan Fairchild wrote an article for Westlaw Journals, a Thomson Reuters publication, on recent developments in Section 230 of the Communications Decency Act. Section 230 provides website operators who post user-generated content with broad immunity from most legal claims arising from that content.
The article discusses several recent court decisions that appear to limit the protections provided to websites, but says that many of those decisions are very narrow in their scope and very specific in the limits they place on content. Even so, plaintiffs’ attorneys continue to look for ways to challenge Section 230 immunity and many judges clearly are not comfortable with the broad protection it applies so the law continues to evolve.
David and Fairchild advise website operators to continue closely monitoring the legal developments impacting Section 230 and to be careful to make sure any content they produce is in compliance with the law.
A PDF of the article can be downloaded below.