A complaint alleging that a Web site operator "actively contributes to ... content" on a Web site that contains an allegedly defamatory statement by a third party should not be dismissed pursuant to Section 230 of the Communications Decency Act, a district court ruled. The court noted that the plaintiff also alleged that the operator "acted as 'moderator,' 'legal owner, copyright holder, webmaster/IT person and contributor' to the sites of which the plaintiff complained, and actively contributes to their content.” The court concluded that, based upon the plaintiff's allegations, the operator "arguably was an 'information content provider'" within the meaning of Section 230 and thus the complaint should not be dismissed "at this stage of the litigation."

Kruska v. Perverted Justice Foundation Incorporated.Org, 2010 U.S. Dist. LEXIS 126765 (D. Ariz. Nov. 18, 2010) Download PDF