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Carafano v. Metrosplash.com, Inc.

United States Court of Appeals for the Ninth Circuit · 2003 · Torts
339 F.3d 1119 (9th Cir. 2003)
Updated
TortsInternet immunityCommunications Decency ActDefamationPrivacySection 230interactive computer serviceinformation content provider

Facts

Matchmaker.com operated an Internet dating service where users created profiles by answering a detailed questionnaire containing multiple-choice and essay questions, and the service did not review profiles before posting them. An unknown person in Berlin created a false profile using Carafano's pictures, home address, movie references, and an email address that automatically disclosed her home address and telephone number, along with sexually suggestive statements. As a result, Carafano received threatening and sexually explicit communications and felt unsafe in her home. After being notified, Matchmaker blocked public access to the profile on November 8 and deleted it early the next morning.

Issue

Whether 47 U.S.C. § 230(c)(1) bars Carafano's tort claims against Matchmaker for a false dating profile created by an unknown third party, despite Matchmaker's use of a structured questionnaire and preprepared response options. More specifically, the question was whether Matchmaker was merely an interactive computer service or also an information content provider for the allegedly harmful information.

Rule

Under 47 U.S.C. § 230(c)(1), an interactive computer service is immune from being treated as the publisher or speaker of information provided by another information content provider. A service does not become an information content provider merely by selecting, editing, organizing, or structuring user-submitted material through questionnaires or standardized response categories; immunity is lost only if the service created or developed the particular information at issue.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.
Heartland Match, a dating site based in Chicago, requires users to build profiles by answering 70 multiple-choice questions and 10 short essay prompts. An unknown user creates a fake profile for Nina Solis, falsely listing her apartment in Denver and adding explicit comments in the essay boxes, causing strangers to contact her.

If Nina sues Heartland Match for defamation and invasion of privacy based on the posted profile, which is the strongest argument that the site is immune?

Explanation. Section 230(c)(1) broadly protects an interactive computer service from being treated as the publisher or speaker of information provided by another information content provider. Under the majority opinion, providing a detailed questionnaire, preselected response options, and essay prompts merely structures user submissions; it does not amount to creating or developing the underlying false information. The critical inquiry is whether the service created or developed the particular harmful content, which it did not here.