A Proposed Defamation Standard for Commercial Information Systems
Darr, Frank P.
Abstract
The computer bulletin board presents a difficult legal problem when defamation is at issue. Because defamation standards vary with the role of the publisher in the distribution process, the legal responsibility of the bulletin board's sponsor is uncertain. This Article criticizes the current analogical approach used by the courts. It also rejects the negligence and strict liability rules.
Instead, the Article proposes a "reason to know and reasonable time to remove standard," which comports with constitutional requirements, practical limits to preventing defamation, and the countervailing need to prevent injury.