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It does not absolve Yahoo from liability for any accompanying misrepresentations.Because Anthony posits that Yahoo's manner of presenting the profiles - not the underlying profiles themselves - constitute fraud, the CDA does not apply.Y., Inc., the entity that contracted with plaintiffs, was a New York business, and the transactions in question occurred in New York. Section 230, immunizes operator of online adult dating service from claims arising out of a user’s false statement in her user-profile that she was over 18.
Said the Court: Anthony alleges that Yahoo creates false profiles, not merely fails to delete them. In addition, Anthony claims that Yahoo sends users false profiles for the purpose of luring them into renewing their subscriptions. No case of which this court is aware has immunized a defendant from allegations that it created tortious content. If, as Anthony claims, Yahoo manufactured false profiles, then it is an 'information content provider' itself and the CDA does not shield it from tort liability.
In addition, the CDA does not defeat Anthony's allegations that Yahoo sent 'profiles of actual legitimate former subscribers whose subscriptions had expired and who were no longer members of the service, to current members of the service. Nevertheless, the CDA only entitles Yahoo not to be 'the publisher or speaker' of the profiles.
Plaintiff’s breach of contract claim similarly failed because Sex Search did not assume responsibility for verifying the age of users.
Court holds that Communications Decency Act does not bar fraud and negligent misrepresentation claims advanced against Yahoo as a result of its alleged creation of false user profiles.
Such malice was absent because defendants were unaware of the information contained in "plaintiff's" profile at the time it was posted to defendants' site by a third party, and thus did not entertain any serious doubt as to its truth at the time it was published.
Plaintiff's misappropriation of right of publicity and negligence claims failed for the same reason, plaintiff's inability to establish that defendants acted with the requisite actual malice.
Court grants motion of defendants and Lycos for summary judgment, and dismisses claims of invasion of privacy, defamation, misappropriation of right of publicity and negligence brought against them by plaintiff Carafano, an actress.