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 © 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

TSBlondieNYC Launches Official Website Through PAYSITE

TSBlondieNYC has launched an official website through PAYSITE.

Teasr Launches Live Shopping Platform for Creators and Sexual Wellness Brands

Teasr has officially launched its live-selling and social-shopping platform for wellness brands, creators, educators, and artisans.

JulModels Launches Cross-Paysite Royalty Generation Feature for Performers and Creators

JulModels has introduced JulRoyalty, a feature that allows performers and creators to earn royalties from their existing scenes and clips.

FSC Hails Members, Allies in SCREEN Act Victory

The Free Speech Coalition (FSC) released a statement today praising its members and allies after a successful lobbying effort to prevent the SCREEN Act, a nationwide age verification bill, from advancing out of the Commerce Committee for a full vote on the Senate floor.

SCREEN Act Stalls in Senate Committee Over Technicality

The Senate Commerce Committee on Wednesday voted to approve the SCREEN Act, which would mandate nationwide site-based age verification of users seeking to access adult content online, but a procedural issue blocked the bill from advancing to the full Senate.

DarkFans Adds Time-Limited Content Pricing

DarkFans has debuted its Configure Limits feature for automating content promotions.

Clips4Sale, Free Speech Coalition Partner for 'Creator Workflow' Webinar

Clips4Sale (C4S) and Free Speech Coalition (FSC) partnered for a webinar titled “Organization & Workflow: Simple Systems for Busy Creators.”

Pineapple Support, Streamate Partner for 'Self-Parenting' Support Group

Pineapple Support and Streamate are hosting a free online support group focused on self-care for performers, titled "Self-Parenting: Becoming Your Own Safe Space."

Nerds of Porn to Relaunch Site Through MyMember.site

Nerds of Porn is relaunching its membership site through MyMember.site on Aug. 14.

Show More