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News & Information: ORRA BrokerWise

Brokerage website safe from nasty comments

Thursday, August 4, 2011  
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New York's highest court has determined that the federal Communications Decency Act does indeed protect a brokerage website from liability over comments posted by a third party.

In a case brought about by negative comments posted by a third party about a competitor, the court ruled that the website operator did not contribute to the allegedly defamatory material, as none of its actions were alleged to be defamatory on their own. In addition, by relocating the comments to a different section of the website, the website operator does not in effect become a content provider (content providers are not protected under the Communications Decency Act).

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