E-Defamation Bill Proposed In North Carolina
An "E-Defamation" bill was recently proposed in North Carolina [pdf] (via On the Docket). Unfortunately I don't have time to dig in, but *interesting* is all I can say about this.
Highlights:
Highlights:
- subsection (b) would impose a requirement that a defamation plaintiff request a retraction [I know of a similar law in California, so this is not earthshattering];
- section (c) would require the "person alleged to be responsible for communicating the defamatory material" to post an apology/correction "in the same location in the electronic medium as the defamatory material was placed" [screwy - Section 230 issues?];
- subsection (d) provides for a good faith (actual damage limiting) exception that seems to apply to the "person who administers the facilities for the electronic medium" [seemingly superfluous, given Section 230];
- subsection (e) contains a requirement that the "person who administers ... the facilities" disclose the identity of the commenter if there's sufficient evidence on the underlying defamation claim to survive summary judgment [this is actually a more stringent standard I think than some courts use in deciding whether to unmask an anonymous commenter];
- subsection (f) provides that "the administrator or provider of the facilities for the electronic medium involved in the alleged defamation shall not be treated as the publisher or speaker" [nice, you are aware of Section 230!]
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