N.Y. Judge Rules Bump Messages Are Not Defamatory

NEW YORK — Ruling in a case that may be an early test involving online defamation, a New York state judge concluded that “bump messages” on Internet forums are allowable because limiting them would chill free speech.

“Bumping” is a common practice on adult webmaster boards such as GFY.com, where more “bumps” could mean more exposure at the top of the board to any given post.

The ruling came in a case before New York Supreme Court Justice Herman Cahn, according to a Law.com report. It involved a higher-education admissions consulting firm, which had been trying to get names and addresses of two anonymous posters to BusinessWeek magazine’s website.

Posted to the site's "B-Schools" forum, the statements were part of a message thread entitled "Do not use AdmissionConsultants.com."

After getting rebuffed in legal action BusinessWeek publisher McGraw Hill, Admission Consultants attempted to compel Google to release the information because both individuals had Gmail addresses.

Cahn ruled in Google’s favor, opining that applying the "single publication rule" used for defamation action against newspapers and magazines was applicable to the case before him.

"Subjecting a single modification of an Internet website, such as a bump message, to the definition of a republication of defamation would have a 'serious inhibitory effect' on this form of communication," Cahn wrote in his opinion.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Pornhub Blocks Access in France in Response to SREN Law

Pornhub parent company Aylo has opted to block access to its sites in France rather than comply with age verification requirements under the country’s Security and Regulation of the Digital Space (SREN) law.

Canadian Senator Revives Push for National AV Law

Sen. Julie Miville-Dechêne, whose previous multiple attempts to legislate national age verification requirements all failed, has introduced a new bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

FSC Submits Statement to House Committee in Support of FIRM Act

Free Speech Coalition has announced that it submitted a statement to the House Financial Services Committee in support of the Financial Integrity and Regulation Management (FIRM) Act.The announcement follows:

Trump Tariffs Remain in Effect Pending Appeal of Trade Court Ruling

The U.S. Court of Appeals for the Federal Circuit on Thursday stayed an injunction by the U.S. Court of International Trade, delaying the trade court’s order blocking the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry.

EU Investigating 4 Adult Sites for 'Suspected Breaches' of DSA

The European Commission has initiated formal proceedings against Pornhub, Stripchat, XNXX and XVideos for “suspected breaches” of the Digital Services Act (DSA), the Commission announced in a statement Monday.

Luxembourg Rejects Request to Enforce French AV Law

Government officials in Luxembourg have rebuffed a French government request to help enforce France’s Security and Regulation of the Digital Space (SREN) law by taking action against webcam platform LiveJasmin, the Luxembourg Times is reporting.

Show More