Website Owners Not Liable for Third-Party Postings, Court Rules

TRENTON, N.J. — Operators of web message board are not liable for messages posted on them, regardless of the content of each posting, according to a new ruling by the Appellate Division of New Jersey Courts.

The court ruled that Stephen Moldow, operator of a website called “Eye on Emerson” that focused of municipal activity in his home town, could not be held responsible for messages posted on the site’s discussion forum that contained allegedly libelous statements about former Emerson council members Gina Calogero and Vincent Donato, even if he had the power to edit them.

In the postings, Calogero and Donato were accused of climbing up ladders and videotaping people through their bedroom windows, being mentally unstable, using police reports to harass local residents, stealing public records, and a variety of other activities.

“It cannot be said that, by the totality of his conduct, as alleged in the complaint, Moldow was responsible, in part, for the creation or development of the defamatory messages,” ruled the court. “They were created by the authors.”

The court said that Moldow was protected under a provision of the Communications Decency Act that protects providers and users of interactive computer services from being treated as the publisher of content provided by someone else.

Under the CDA section 230, Moldow could only be held responsible if he aided in the development of the offensive material.

“Development requires material substantive contribution to the information that is ultimately published,” the court said. “Deleting profanity, selectively deleting or allowing certain postings, and commenting favorably or unfavorably on some postings, without changing the substance of the message authored by another, does not constitute ‘development.’”

The victory is somewhat bittersweet for Moldow, whose website is no longer operational.

“We accomplished what we needed to accomplish – to purge the town of this website,” Gina Calogero told Newsday.

The case is Donato, et al. vs. Moldow, No. A-5942-02T1

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

FTC Weighs Reboot of 'Click to Cancel' Rulemaking Process

The Federal Trade Commission has invited public comments on a petition to renew trade regulation rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

VRPorn.com Releases 2025 'Annual Report'

VRPorn.com has released its Annual Report, highlighting its audience favorites from throughout 2025.

MrPornGeek Launches 'Visibility Boost' System

MrPornGeek has launched a new visibility boost system.

New Federal Bills Aim to Repeal Section 230

Members of Congress this week introduced two bills calling for the repeal of Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Gataca Introduces Passkey Integration

Spain-based age verification provider Gataca has debuted its new passkey integration.

GloryPay Announces New Financial App

European fintech company GloryPay has announced the launch of its financial app for industry members.

Creator of Hentaied, Parasited Launches New Site 'MonsterPorn'

Romero Mr. Alien, the creator of Parasited and Hentaied, has launched new paysite MonsterPorn.com.

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Show More