Posts tagged: cda 230

Federal Court: Whether UGC Trumps CDA Is a Jury Question

A recent ruling by a U.S. District Judge for the District of Connecticut suggests that a Web site operator may not be entitled to immunity under Section 230 of the Communications Decency Act (”CDA”) when hosting certain user generated content. It’s an important decision for any advertiser that solicits creative work from its customers.

This dispute centered on an advertising campaign created by Quiznos to highlight the differences between its sandwiches and Subway sandwiches. After launching a television ad campaign, Quiznos partnered with iFilm on an Internet contest called the “Quiznos v. Subway TV Ad Challenge.” Quiznos asked entrants to create videos showing “why you think Quiznos is better.”  Quiznos and iFilm posted sample videos on the contest site, as well as contestant videos.  

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Federal Court: Whether UGC Trumps CDA Is a Jury Question

Can I Be Liable for Forwarding Defamatory Email?

 A California appeals court has weighed in on the sticky question of when the forwarder of a potentially defamatory email loses Communications Decency Act (”CDA”) section 230 immunity. 

In Hung Tan Phan v. Lang Van Pham, the President of a group of Vietnamese Navy and Merchant Marine veterans sent an email to fellow veterans. In the email, he wrote that another veteran, Hung Tan Phan, had been disciplined by the Vietnamese Navy for abusive behavior in the final days of the Vietnam War.

Lang Van Pham received the email and forwarded it to at least one fellow veteran. He included the following introductory paragraph: “Dear Kmap: Everything will come out to the daylight, I invite you and our classmates to read the following comments of [the] … President of the Federation of Associations of the Republic of Vietnam Navy and Merchant Marine.” Read more »

Can I Be Liable for Forwarding Defamatory Email?

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