76 So. 3d 1100
Fla. Dist. Ct. App.2011Background
- Giordano operates G&G Addiction Treatment, Inc. in Florida; a third-party posted defamatory claims online identifying Giordano as a felon and alleging facility danger.
- The postings appeared on Xcentric Ventures, LLC's Ripoff Report site, which allows user-generated complaints with no prevention of false statements.
- Giordano and G&G sued for four defamation claims against the user and sought injunctive relief against Xcentric to remove the post.
- The trial court found portions of the post defamatory per se; Xcentric moved to dismiss based on CDA immunity.
- Xcentric generally refused to remove posts; injunction against maintenance of the posting was issued and later dissolved; Appellants sought review of both the dissolution and dismissal.
- Florida Supreme Court previously held CDA provides absolute immunity to interactive computer services, citing Doe v. AOL, and affirmed Xcentric’s immunity despite objectionable business practices.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the CDA provide absolute immunity to Xcentric for third-party postings? | Giordano/G&G rely on Doe v. AOL to establish immunity. | Xcentric contends it is immune under § 230 as a publisher of third-party content. | Yes; Xcentric has absolute immunity under § 230. |
| Can injunctive relief requiring removal of a post survive given § 230 immunity? | Injunction sought to prevent continuing defamation by the post. | Immunity bars liability and relief related to third-party content. | Immunity bars such relief; injunction dissolved consistent with § 230 immunity. |
Key Cases Cited
- Doe v. America Online, Inc., 783 So.2d 1010 (Fla. 2001) (CDA immunity for online service providers)
- Zeran v. American Online, Inc., 129 F.3d 327 (4th Cir. 1997) (scope of CDA immunity; robust internet communication)