Defamation, Free Speech and Social Media – Where's the line and what's protected?

Defamation, Free Speech and Social Media – Where's the line

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As a means of protecting the growing internet, Congress passed Section 230 as part of the Communications Decency Act of 1996. Section 230 treats “providers” of “interactive computer services” (i.e., social media platforms) as distributors of content created by their users that cannot be held liable for the content distributed, including for defamation. This is known as the “Good Samaritan” provision, and it applies to “users” of “interactive computer services” as well. As such, in 2021, when Courtney Fix used her Instagram account to post third-party content concerning Joshua Harris which he deemed to be defamatory, by the letter of the law, Ms. Fix was to be afforded the same protection from liability as Instagram is under Section 230.

This is precisely what attorneys Mark Dimenna and Sarah Sawyer argued on behalf of Ms. Fix, in Joshua Harris v. Courtney Fix, et al. (Case No. 24-C-21-0020000), and their argument prevailed. Through a motion to dismiss, defense counsel successfully argued that because Ms. Fix was a user who distributed third-party content on an interactive computer service, she should be afforded protection under the “Good Samaritan” provision for any third-party content that contained defamatory statements, including those concerning allegations of sexual impropriety and untoward treatment of women. Defense counsel also successfully argued that Plaintiff’s lawsuit generally concerned protected speech and was brought in bad faith in violation of Maryland's anti-SLAPP statute.

This case was unique both in the context in which the court applied Section 230 and in that it is one of the only motions granted in favor of a defamation defendant under Maryland's narrow anti-SLAPP law since its inception in 2004.

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