Kimzey v. Yelp! Inc. - 836 F.3d 1263 (9th Cir. 2016)

Rule:

Section 230 of the Communications Decency Act (CDA) immunizes providers of interactive computer services against liability arising from content created by third parties, 47 U.S.C.S. § 230(c).

Facts:

Defendant was providing or members of the public—free of charge—to read and write reviews about local businesses, government services, and other entities. Two negative business reviews were posted by users about plaintiff’s locksmith business. Defendant filed a complaint in the district court alleging that Yelp was liable for the reviews, and caused the alleged libelous statements to appear on Google. The district court dismissed the complaint. The plaintiff appealed.

Issue:

Was the defendant liable for the negative reviews to the plaintiff’s business?

Answer:

No.

Conclusion:

Defendant fell under Communications Decency Act's grant of immunity, 47 U.S.C.S. § 230, and plaintiff’s claims were rejected. Facts did not suggest that defendant fabricated content under third party's identity. Defendant did not transform third party's review into advertisement as dissemination did not equal creation of content.