Vazquez v. Buhl
150 Conn.App. 117
Conn. App. Ct.2014Background
- In Dec. 2011 and Jan. 2012, Teri Buhl published online articles defaming Vazquez on her website.
- On Jan. 6, 2012, Carney of CNBC published a piece linking to Buhl’s articles and inviting readers to read them.
- On Jan. 25, 2012, Vazquez filed a five-count complaint against Buhl and NBCUniversal, Inc.
- Counts 2–4 alleged defamation, false light, and negligent infliction of emotional distress; the parties then moved to strike.
- The trial court granted NBC’s motion to strike, concluding CDA immunity, and later Vazquez’s motion for judgment in NBC’s favor followed.
- The appellate court affirmed, addressing the CDA’s text, purpose, and application to hyperlinking and third-party content.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can CDA immunity be resolved on a motion to strike? | CDA immunity requires a factual inquiry beyond pleadings. | CDA can be decided on a motion to strike when clearly applicable on the face of the complaint. | Yes; CDA applicability properly decided on a motion to strike. |
| Meaning of 'provided by' in § 230(c)(1). | Provided requires direct transmission to the provider by the original author. | Provided is broader; it covers when content is provided to the Internet by another information content provider. | Broader reading; hyperlinking can fall within 'provided by' § 230(c)(1). |
| Whether NBC became an 'information content provider' by post-publication conduct. | NBC amplified and endorsed Buhl’s statements, making it an information content provider. | NBC did not create or materially develop the content; remains not an information content provider. | NBC did not become an information content provider; protection under § 230(c)(1) applies. |
Key Cases Cited
- Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, 521 F.3d 1157 (9th Cir. 2008) (development in part meaning includes substantial contribution to unlawfulness)
- Atlantic Recording Corp. v. Project Playlist, Inc., 603 F. Supp. 2d 690 (S.D.N.Y. 2009) (site operator protected when linking to third-party content)
- Parker v. Google, Inc., 422 F. Supp. 2d 492 (E.D. Pa. 2006) (Google liable content depending on development/creation by provider)
- Barrett v. Fonorow, 343 Ill. App. 3d 1184 (Ill. App. 2003) (service provider posting third-party content shielded; exceptions apply)
- Batzel v. Smith, 333 F.3d 1018 (9th Cir. 2003) (provided implies active role; caution against overexpansion)
- Universal Comm. Sys., Inc. v. Lycos, Inc., 478 F.3d 413 (1st Cir. 2007) (web operator protected when content is third-party provided)
- Federal Trade Commission v. Accusearch, Inc., 570 F.3d 1187 (10th Cir. 2009) (development in part includes solicitation/encouragement of unlawful content)
- Violano v. Fernandez, 280 Conn. 310 (Conn. 2006) (motions to strike can raise immunity issues; discovery considerations discussed)