A Research on the Defamation Liability of Online Intermediaries in America: Section 230 of the Communications Decency Act of 1996 and Its Judicial Application

The law of defamation has evolved as a war between a plaintiff’s right to reputation and a defendant’s right to free speech. To balance these two rights in the cyberspace is a world-wide challenge. Internet defamation is quite different from defamation in the traditional world, for the defamed can hardly identify the original speakers. This situation results in a problem unique to Internet defamation: should online intermediaries involved in defamation communication be held liable for third-person information? How should they take the liability? This article offers a comprehensive examination of the American legislative and judicial opinions on this issue, as well as critiques from legal scholars, it highlights the harmful consequences of the current judicial interpretation of Section 230 of the Communications Decency Act, and emphasizes the need to protect persons from irreparable harm to reputation in the development of Internet defamation law.

Zhang Jinxi, Assistant Professor at RUC, Member of NCSRC