You’ve heard by now that companies like Facebook and Twitter are not liable for defamation when their platforms are used to circulate false and defamatory content. The law most often cited as the source of this protection is known as Section 230 of the Communications Decency Act. Section 230 provides protection to companies that supply the platform, forum, or other technology that others can use to communicate information, provided the companies are not involved in creating the content that gets posted on their sites. Section 230 generally allows such companies to moderate and delete content without losing immunity, but not create content themselves. Although Section 230 protects internet companies from liability as a publisher of speech, it does not protect them in situations where liability is sought on some other theory, such as intellectual property infringement or liability as the seller of a defective product.
In the case of Tyrone Henderson v. The Source for Public Data, the Eastern District of Virginia was faced with the question of whether Section 230 could apply to claims raised under the Fair Credit Reporting Act. The issue had apparently never come up before, but the court readily determined that Section 230 did apply because the defendants were being sued for publishing content created by others and were not involved in creating that content themselves. Section 230 is not limited to defamation claims and can be invoked in any case where its requirements are satisfied.