Recent Developments in Section 230 Immunity Cases

摘要

The cases in this year's survey indicate that section 230 remains a strong shield for websites against claims arising out of content created by a third party. Tortrnclaims against websites over third-party content seem certain to fail if the websites do not take an active role in creating that content. Section 230 turns fifteen years old this year and is becoming a fairly settled area of law. Plaintiffs hoping to bring tort claims against websites or service providers based on third-party content, even when edited by the website or service provider, should be aware that those claims will most likely be dismissed. It could be expected that state consumer protection actions will suffer some setbacks as well under Milgram v. Orbitz.