SW Legal studies in Business

MySpace Not Responsible for Assault by Users Who Came Into Contact with Each Other
Description

Court dismissed a suit against MySpace by a minor girl who contended that she was lured into a sexual assault through MySpace. It is protected by the Communications Decency Act for liability as it is not an information content provider.

Topic Cyberlaw
Key Words

Website Owner; Communications Decency Act; Liability; Assault

C A S E   S U M M A R Y
Facts

Jane Doe, a 15-year-old girl alleged that she “was lured from her home and sexually assaulted by a sexual predator, who communicated with her and ultimately orchestrated his sexual assault of her through the MySpace.com website.” Plaintiff contends that MySpace is liable for the assault and is not entitled to immunity under the Communications Decency Act (CDA) because it refused to employ reasonable safety measures on its website and that MySpace acted as an information content provider by creating and developing information that led to the injuries alleged. As such, MySpace should be liable for negligence, gross negligence, and strict product liability. MySpace moved to dismiss the complaint.

Decision

Motion granted. The CDA states that “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.” MySpace is not an information content provider; it is the provider of a forum on which users share information.

Citation

Jane Doe IX v. MySpace, Inc., ---F.Supp.2d--- (2009 WL 1457170. E.D. Texas, 2009)

Back to Cyberlaw Listings

©1997-2009 South-Western Legal Studies in Business, A Division of Cengage Learning. All Rights Reserved.