O/T California High Court: Yelp Can't Be Ordered To Take Down Posts

[Peter_Spaeth]

Originally Posted by pokerplyr80

It would be difficult, but not impossible to define some kind of parameters. The burden of proof would fall to the company to prove a review contains false information and is damaging their business or reputation. But in extreme cases where they have evidence they can present that would warrant removal I feel there should be a legal way to get it taken down.

Leon i am aware they could sue the person who wrote the review. I'd be surprised if 1 yelper in 5 would ever pay a judgement even if the suit was successful.

I am quite certain I don't want the government taking down posts merely because they defame someone.

[calvindog]

Originally Posted by Peter_Spaeth

I am quite certain I don't want the government taking down posts merely because they defame someone.

If someone defamed your business online you would sing a different tune.

[sreader3]

“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider” (§ 230(c)(1)), and “No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section” (§ 230(e)(3)). The fact that it was 4-3, rather than 7-0, is disturbing.

Seems pretty clear to me.

[calvindog]

Originally Posted by sreader3

“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider” (§ 230(c)(1)), and “No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section” (§ 230(e)(3)). The fact that it was 4-3, rather than 7-0, is disturbing.

Seems pretty clear to me.

No one is claiming that Yelp should be liable for the defamation posted on its site -- just that they should be required to remove defamatory posts.

[Peter_Spaeth]

Originally Posted by calvindog

If someone defamed your business online you would sing a different tune.

Just think how great it would be for lawyers, a whole new practice area, litigating to enjoin Yelp and Google and Facebook and whatever reviews.

[calvindog]

Originally Posted by Peter_Spaeth

Just think how great it would be for lawyers, a whole new practice area, litigating to enjoin Yelp and Google and Facebook and whatever reviews.

Defamation lawyers. The already exist. Instead of suing for money damages they'd sue for money damages and a requirement that the offending defamation be removed online. Not that big of a deal.

[Peter_Spaeth]

Originally Posted by calvindog

Defamation lawyers. The already exist. Instead of suing for money damages they'd sue for money damages and a requirement that the offending defamation be removed online. Not that big of a deal.

I disagree. Once you're talking about permitting affirmative censorship by the government, that's a big deal.