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 Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

Irish Regulator: EU States to Ramp Up AV Enforcement for Smaller Sites

A representative of Irish media regulator Coimisiún na Meán told legislators that Ireland and other EU states are preparing to expand enforcement of age verification regulations to include smaller adult sites, British newspaper The Times is reporting.

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Updated: Aylo to Help Test EU Age Verification App

Pornhub parent company Aylo plans to participate in the European Commission’s pilot program for its “white label” age verification app, a spokesperson for the company has confirmed.

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

Ruling: Italy's 'Porn Tax' Applies to All Content Creators

Italy’s tax revenue agency has ruled that the nation’s 25% “ethical tax” on income generated from adult content applies even to smaller independent online content creators.

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

Show More