[WikiEN-l] Our first defamation case?

[David Gerard]

http://www.eff.org/press/archives/2008/05/02

We have EFF onside, so I think we have some confidence of eing cleared
on this one :-)


- d.



EFF and Sheppard Mullin Defend Wikipedia in Defamation Case
Federal Law Protects Popular User-Created Encyclopedia From Liability

San Francisco - The Electronic Frontier Foundation (EFF) and the law
firm of Sheppard Mullin Richter & Hampton Thursday filed a motion to
dismiss a lawsuit brought against the operator of the popular online
encyclopedia Wikipedia, arguing that federal law immunizes it against
suits over statements made by its users.

Literary agent Barbara Bauer filed a complaint in New Jersey Superior
Court in January against Wikipedia posters as well as the site itself,
claiming in part that the Wikimedia Foundation was liable for
statements identifying her as one the "dumbest of the twenty worst"
agents and that she had "no documented sales at all." In court papers
filed Thursday, Wikimedia argues that under Section 230 of the
Communications Decency Act, operators of "interactive computer
services" such as Wikipedia cannot be held liable for users' comments.
In addition, Wikimedia argues that the statements are protected speech
under the First Amendment and New Jersey law.

The ability to utilize the collaborative input of its users without
fear of costly lawsuits is essential to Wikipedia's ongoing success,
said Wikimedia Foundation General Counsel Mike Godwin.

"We provide a platform through Wikipedia for smart citizens to give
their knowledge back to a larger culture," Godwin said. "Our ability
to offer citizens that platform is what's at stake in this case."

Since it was signed into law over a decade ago, courts across the
country have consistently applied the protections of Section 230
broadly, fulfilling Congress' intent "to preserve the vibrant and
competitive free market that presently exists for the Internet and
other interactive computer services, unfettered by Federal or State
regulation."

"Congress passed Section 230 of the Communications Decency Act in
order to protect websites' operators like Wikipedia from suits like
this one," said James Chadwick of Sheppard Mullin. "It's simple but
it's fundamental: Congress has decided that Internet censorship isn't
the answer, so websites aren't liable for statements posted by their
users."

Section 230's blanket protection of sites like Wikipedia does not mean
that alleged defamation on the Internet cannot be challenged in court.
Instead, the law requires that litigants direct their efforts at the
speakers themselves and not the forums where statements were made.

"Wikipedia continues to be a tremendous resource for people around the
globe," added EFF Senior Staff Attorney Matt Zimmerman. "Without
strong liability protection, it would be difficult for Wikipedia to
continue to provide a platform for user-created encyclopedia content."

For the full motion to dismiss:
http://www.eff.org/files/filenode/wikimedia/motiontoquashmemo-wikimedia....

Contacts:

Matt Zimmerman
Senior Staff Attorney
Electronic Frontier Foundation
mattz at eff.org

Mike Godwin
General Counsel
Wikimedia Foundation
mgodwin at wikimedia.org

James Chadwick
Partner
Sheppard Mullin Richter & Hampton
jchadwick at sheppardmullin.com