Website Owners Not Liable for Third-Party Postings, Court Rules

TRENTON, N.J. — Operators of web message board are not liable for messages posted on them, regardless of the content of each posting, according to a new ruling by the Appellate Division of New Jersey Courts.

The court ruled that Stephen Moldow, operator of a website called “Eye on Emerson” that focused of municipal activity in his home town, could not be held responsible for messages posted on the site’s discussion forum that contained allegedly libelous statements about former Emerson council members Gina Calogero and Vincent Donato, even if he had the power to edit them.

In the postings, Calogero and Donato were accused of climbing up ladders and videotaping people through their bedroom windows, being mentally unstable, using police reports to harass local residents, stealing public records, and a variety of other activities.

“It cannot be said that, by the totality of his conduct, as alleged in the complaint, Moldow was responsible, in part, for the creation or development of the defamatory messages,” ruled the court. “They were created by the authors.”

The court said that Moldow was protected under a provision of the Communications Decency Act that protects providers and users of interactive computer services from being treated as the publisher of content provided by someone else.

Under the CDA section 230, Moldow could only be held responsible if he aided in the development of the offensive material.

“Development requires material substantive contribution to the information that is ultimately published,” the court said. “Deleting profanity, selectively deleting or allowing certain postings, and commenting favorably or unfavorably on some postings, without changing the substance of the message authored by another, does not constitute ‘development.’”

The victory is somewhat bittersweet for Moldow, whose website is no longer operational.

“We accomplished what we needed to accomplish – to purge the town of this website,” Gina Calogero told Newsday.

The case is Donato, et al. vs. Moldow, No. A-5942-02T1

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

New Pleasure Product Review Site 'ToyChats' Launches

ToyChats.com, a pleasure product review and discussion site, has officially launched.

AEBN Reveals Jade Venus as Top Trans Star for Q1 of 2025

AEBN has named its top trans stars for the first quarter of 2025, with Jade Venus landing atop the leaderboard.

SexLikeReal Debuts 'AI Passthrough' Feature

SexLikeReal has introduced an AI Passthrough for video editing during VR livestreaming.

Ron Jeremy's Accusers Reach Settlement With Rainbow Bar & Grill

The Rainbow Bar & Grill has reached confidential settlements with a group of women who filed a negligence lawsuit against the Sunset Strip restaurant over alleged sexual assaults committed by Ron Jeremy, according to Rolling Stone.

Cherry Kiss, Jordan Starr Top AEBN for Q1 of 2025

AEBN has announced its top-selling stars for the first quarter of 2025, with Cherry Kiss landing atop the leaderboard for straight theaters and Jordan Starr heading up the gay rankings.

Sportsheets Joins FSC as Gold Member

Sportsheets has joined Free Speech Coalition (FSC) as a Gold-level member.

Age Verification Watch: Two End Runs, Two Failed Bills

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.

FSC Helps Defeat Colorado AV Bill

Free Speech Coalition (FSC) has announced that, with its help, Colorado's recently introduced age verification bill has been defeated.

New AI Companion Platform 'Fantasy.AI' Launches

Fantasy.AI, a new AI companion platform, has officially launched.

XBIZ Amsterdam 2025 Show Dates, New Venue Announced

XBIZ is pleased to announce preliminary details for XBIZ Amsterdam, set to return Sept. 2-5 at an all-new host venue: the waterside Jakarta Hotel Amsterdam.

Show More