N.Y. Judge Rules Bump Messages Are Not Defamatory

NEW YORK — Ruling in a case that may be an early test involving online defamation, a New York state judge concluded that “bump messages” on Internet forums are allowable because limiting them would chill free speech.

“Bumping” is a common practice on adult webmaster boards such as GFY.com, where more “bumps” could mean more exposure at the top of the board to any given post.

The ruling came in a case before New York Supreme Court Justice Herman Cahn, according to a Law.com report. It involved a higher-education admissions consulting firm, which had been trying to get names and addresses of two anonymous posters to BusinessWeek magazine’s website.

Posted to the site's "B-Schools" forum, the statements were part of a message thread entitled "Do not use AdmissionConsultants.com."

After getting rebuffed in legal action BusinessWeek publisher McGraw Hill, Admission Consultants attempted to compel Google to release the information because both individuals had Gmail addresses.

Cahn ruled in Google’s favor, opining that applying the "single publication rule" used for defamation action against newspapers and magazines was applicable to the case before him.

"Subjecting a single modification of an Internet website, such as a bump message, to the definition of a republication of defamation would have a 'serious inhibitory effect' on this form of communication," Cahn wrote in his opinion.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

AV Bulletin: Health Warnings, VPNs and Exemptions

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been introduced around the United States, as well as at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Pornhub to Block UK Users Without Accounts Starting Feb. 2

Pornhub parent company Aylo will block access to its free video-sharing platforms in the United Kingdom starting Feb. 2 unless users have already set up accounts prior to that date, the company announced Tuesday.

Aylo Wins Another Major Piracy Lawsuit

For the second time in recent weeks, Pornhub parent company Aylo has prevailed in a copyright infringement case against sites pirating its content.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

SCOTUS Won't Hear Appeal in NYC Adult Businesses Zoning Case

The U.S. Supreme Court has declined to hear an appeal by a group of adult businesses of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Florida Congressman Files Latest Bill to Repeal Section 230

Rep. Jimmy Patronis of Florida has become the latest member of Congress to propose legislation that would repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Irish Parliamentary Committee Weighs Stricter AV Laws

The Irish national parliament’s Joint Committee on Arts, Media, Communications, Culture and Sport met Wednesday to discuss regulation of online platforms and improving online safety, including calls for stricter age verification by adult sites.

Ofcom Issues Guidance on Age Check Placement for Adult Sites

U.K. media regulator Ofcom on Wednesday published its recommendations for where and how adult sites should deploy age checks as required for compliance with the Online Safety Act.

Former IEAU Officer Sentenced to 4 Months

Amanda Gullesserian, who performed in the industry under the name Phyllisha Anne and founded the now-defunct International Entertainment Adult Union (IEAU), has been sentenced to four months’ imprisonment for making a false statement in an IEAU federal financial report.

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

Show More