U.S. Justices: Listserv, Website Operator Immune From Defamation

WASHINGTON, D.C. – U.S. Justices let stand a ruling Monday that a listserv and website operator who posted a third party’s email was immune from a defamation claim under the Communications Decency Act.

The case could have had high impact for webmasters and newsletter publishers who use the Internet to distribute messages if the high court were to review the appeal from the 9th U.S. Circuit Court of Appeals.

Instead, the Justices declined the case.

The civil case involved Ton Cremers, who was a director of Security at Amsterdam's Rijksmuseum and operates Museum Security Network, a website and listserv about museum security and art theft.

Robert Smith, who had been hired by North Carolina attorney Ellen Batzel to paint her home, sent an email to Cremers. Smith's email expressed the belief that artwork hanging in Batzel's home was Nazi-looted art and gave Batzel's home address. Cremers lightly edited the message and published it on the website and listserv.

Batzel sued Cremers and Smith for defamation in U.S. District Court. On appeal, the 9th Circuit ruled Cremers was immune from liability because he was a provider of interactive computer services under Section 230(c) of the Communications Decency Act of 1995.

Section 230(c) of the Act states that "[N]o 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."

The 9th Circuit declined a review of the decision in December.

Batzel urged the Supreme Court to review the case, arguing the Internet created a greater potential for harm from the publishing of defamatory information.

Batzel contended Cremers was not entitled to immunity under the Act because he actively selected and developed the information and therefore was an information content provider, not immune from liability under the Communications Decency Act.

The case is Batzel vs. Smith (Denial of Certiorari), No. 03-1247.

Copyright © 2025 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

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult, Could Face Override

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

WannaCollab has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect in South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Show More