Dream Systems Media Blog

Apparently an Italian prosecutor has ordered 4 Google Executives to appear in a court in Milan, Italy to face defamation charges. The charges stem from a cell phone video, posted to Google, of 4 Italian high-school males taunting another young Italian male with down syndrome. The charges were brought by an Italian down syndrome advocacy group called Vividown and the kid’s father.

Defamation is defined as the act of injuring another’s reputation by any slanderous communication, written or oral.

The legal question here is: Can a party (like Google) be punished for the way its site is used by third parties?

In the United States the answer is probably not. Under 47 U.S.C. sec. 230(c)(1) (CDA Sec. 230): “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” This provision is generally interpreted by U.S. Courts to provide protection against defamation claims made against ISPs.

David Mink, Legal David Mink, Legal

My name is David Mink and I am a 30-year-old guy from the USA. I can’t really name a particular state because my dad was a Medevac helicopter pilot in the Army – this means we moved all over the place all the time.

My Internet business background dates back to the year 2000 when I took a job as an “e commerce hotline” advisor for a company my Uncle worked at. About 60 days later I was convinced that I could start an Internet business. So, I did. My entrepreneurial ventures have paid my way through college, law school, a marriage, and a couple of rug rats.

At DSM I wear the hat of “Chief Legal Officer” and thoroughly enjoy posting on Internet Legal topics like: How did Craigslist get pressured into limiting it’s Exotic Services listing?

David Mink, Legal David Mink, Legal