Jones v. Dirty World Entertainment Recordings, LLC
840 F. Supp. 2d 1008
E.D. Ky.2012Background
- This is a defamation and invasion-of-privacy action under Kentucky law against Hooman Karamian (Nik Richie) and the entities Dirty World, LLC and Dirty World Entertainment, LLC for posts on the dirty.com.
- Plaintiff Sarah Jones, a Kentucky resident and high school teacher, alleges multiple posts harmed her employment, reputation, and privacy.
- Defendants admit facially defamatory and privacy-violating posts were made on the site about Jones and Richie edits/publishes comments.
- The court previously concluded it could exercise personal jurisdiction over the defendants and summarized the factual setup of the site and its operator.
- Richie acts as editor, selects submissions, adds a tagline, reviews posts, refuses removal, and posts his own comments, allegedly encouraging the site’s offensive content.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the CDA immunizes the defendants. | Jones argues defendants are information content providers and thus not immune. | Richie contends the site is a passive conduit and they are not responsible for content. | Court rejects immunity; not passive developers, defendants are responsible for content. |
| Whether defendants developed or encouraged the offensive content on the dirty.com site. | Jones asserts defendants actively develop and promote defamatory content. | Richie claims minimal involvement; not responsible for content creation. | Court finds defendants encouraged development of offensive content. |
| Whether the offensive content constitutes defamation and/or invasion of privacy under Kentucky law. | Jones alleges posts libelous and privacy-violating statements about her. | Richie argues content is user-generated and not attributable to defendants. | Court holds the content may be actionable under Kentucky defamation/privacy standards. |
Key Cases Cited
- Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, 521 F.3d 1157 (9th Cir. 2008) (immunity depends on provider's role in developing content)
- Federal Trade Comm'n v. Accusearch, Inc., 570 F.3d 1187 (10th Cir. 2009) (immunity framework for information services and content development)