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Bloggers Entitled To Immunity

By Shannon P. Duffy
June 29, 2006

Bloggers cannot be hit with libel suits on the basis of anonymous postings on their Web sites because federal law grants them immunity by explicitly stating that they cannot be treated as the 'publisher' of such comments, a federal judge has ruled.

In his 22-page opinion in DiMeo v. Max, U.S. District Judge Stewart Dalzell held that the pre-emption clause of Section 230 of the Communications Decency Act (CDA) ' a provision that remains intact despite court rulings that struck down some of its key provisions ' effectively 'overrides the traditional treatment of publishers under statutory and common law.'

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