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

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 Industry, Override Possible

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