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Web Site Content's Brief Duration is Enough to be "Publication"

December 1, 2005

Penn Warranty Corporation sells warranties for used cars. Ronald Giovanni, a disgruntled customer of Penn Warranty, started a ‘gripe’ website about the company. In posting about a dispute he was having with Penn Warranty, Giovanni described the company as “blatantly dishonest”, “running scams” and “committing fraud”. Penn Warranty filed a defamation action against Giovanni in New York state court. Giovanni argued that the statements only appeared on the site for a few weeks and, therefore, did not meet the publication requirement needed for a defamation claim. While ultimately deciding that the disputed statements were Giovanni’s opinions and, therefore, not defamatory, the court held that availability of content for a few weeks on a generally accessible web site satisfies the publication element of a defamation claim. To review the court’s decision, go to: http://www.courts.state.ny.us/reporter/3dseries/2005/2005_25449.htm


For more information about online security, online defamation or any other Information Technology law issue, contact your Miller Canfield attorney. This message is for general information only and should not be used as a basis for specific action without obtaining further legal advice.