Social Networking Websites: Content Provided by Third Parties

By on September 22, 2009 - Comments off

Doe II v. MySpace Incorporated, (Second District, June 30, 2009) 175 Cal.App.4th 561, 96 Cal.Rptr.3d 148, 09 Cal. Daily Op. Serv. 8401, 2009 Daily Journal D.A.R. 9774

Four minor females filed separate lawsuits against the social networking website,, alleging that they had all been sexually assaulted by adults whom they had met on the website. The plaintiffs alleged that MySpace was aware that its website poses a danger to children by facilitating attempted and actual sexual assault, and that MySpace failed to institute reasonable measures to prevent older users from directly searching out, finding, and/or communicating with minors.

The defendant demurred to complaints based upon the immunity provisions of the Communications Decency Act (47 U.S.C. §230), which immunizes interactive computer services providers who are not information content providers from liability for information originating from third-party users of their service. The trial court sustained the demurrers without leave to amend and the court of appeal affirmed, holding that MySpace is not an information content provider, and is not liable for content provided by third-party users: Read the rest »

Posted in: Internet Law, Technology