
Liberty Natural
Products, Inc. is an importer, producer and distributor of over
1000+
botanicals and extracts to the US and abroad since 1982.
Liberty has filed claims alleging defamation for
the defamatory Ripoff
Reports#425980 and #408898. The action is not against
ripoffreports.com as they have indicated that they are not responsible
for defamation posted by third parties because of the 1996 Community
Decency Act law, which protects online blogs and forums.
Ripoff Reports has further advised that its policy is not to remove
defamation without court order.
There are many interesting aspects to the
developing law regarding
internet defamation.
Informative Internet Defamation Links:
Internet Defamation
Law Blog
It is the opinion of many legal scholars that as long as the defamatory
content originates from a third party, the service provider, has no
liability for defamation.
The public purpose in creating an open environment for free speech and
the protection of service providers from the libelous acts of others is
understood.
However, the failure to balance the public interest in limiiting the
liability of service providers with the due process rights of
individuals and businesses is not understood.
Did Congress in enacting the CDA intend to give internet service
providers carte blanche to promulgate defamation in seeming
contradiction to the Constitution?
There are a number of circumstances that one would reasonably expect
would subject a service provider to liability.
1. Where the service provider creates an environment encouraging
defamation and profits from doing so.
2. Where a service provider fails to remove content when
defamation has been found in a court of law and an injunction has been
issued.
3. When a publisher of defamatory material acknowledges the
defamatory content and requests the service provider to remove the
content.
John Dozier Jr. in his book, Google Bomb
TM,
puts forth an E-Bill of Rights addressing changes in the law that would
put back in balance an individuals right to be free of false attacks
against reputation, without impinging on the freedom of speech..
This is a book worth reading.
It is truly ironic that individual liberty can be seriously threatened
by free speech allowed to run amok in an environment of CDA anarchy on
the internet.
Jim Dierking,
President
Liberty Natural Products, Inc.