A federal court of appeals has rejected the notion that “circulation” rather than “publication” of allegedly defamatory material online and through email distribution is sufficient to state a claim.
In late 2013/early 2014, financial publisher The Deal, LLC posted three articles on its subscriber-only website and also sent the articles in an email newsletter to its 700 subscribers. In 2017, Scottsdale Capital Advisors Corp. and its’ executive officer, John Hurry, filed a lawsuit in federal court in New Hampshire against The Deal and William Meagher, the writer, claiming that the articles were defamatory to the plaintiffs. None of the parties have ties to the state of New Hampshire and defendants filed a motion to dismiss for lack of personal jurisdiction. After allowing discovery on jurisdiction, the trial court granted the motion and dismissed the case.
On appeal, the First Circuit Court of Appeals affirmed the dismissal. In analyzing whether the plaintiffs could demonstrate defamation under New Hampshire law, the question became whether defendants had published the alleged defamatory content to a third party located in New Hampshire. The undisputed evidence was that the only subscriber located in the state was Dartmouth College and that no one from the college had accessed the defendants’ website. There was no evidence that the two individuals at Dartmouth had even opened defendants’ email newsletter. The court rejected plaintiffs’ argument that mere “circulation” of the articles satisfied the publication element.
The bottom line is that this court refused to establish a new or different standard for alleged online defamation. Review the federal appellate court decision here. Contact us at Ossian Law regarding any information technology law question.
Identifying and Addressing Risks of Connected Devices
Friday, April 13th — 4:00 – 5:00 PM
2018 D-Con Cybersecurity Conference
North Oakland ISSA
Baker College of Auburn Hills, 1500 University Drive, Auburn Hills, MI 48326
The convenience of an increasing number of smart devices in our professional and personal lives cannot be denied. Along with that convenience come security and privacy risks. Information Technology lawyer Kathy Ossian will identify risks, provide many examples and offer tips for both providers and users toward managing the risks.
Ossian Law P.C. 701 Woodward Heights, Ste. 117, Ferndale, MI 48220
In the age of brand tarnishment, social media impersonation and similar threats, policing your brand is more important than ever. Information Technology attorney Kathy Ossian will address ways to harmonize your organization’s branding with your social media and other online presence. Networking from 6:00-6:30 with presentation from 6:30 – 7:30. Complimentary admission. Includes heavy hors d’oeuvres. Space is limited so register here today!
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The 2018 edition of “Social Media and the Law”, published by the Practising Law Institute, Kathryn Ossian, Managing Editor is now available. Read our press release here.