Employer of Porn-Trawling Worker Wins Appeal

BEAUMONT, Texas — An employer fighting a lawsuit against a worker who allegedly posted online sex ads using a woman's name to embarrass her can claim immunity from civil damages, a Texas state appeals court ruled.

Appellant Chris Davis claimed that she was the victim of an "obscene cyber-strike campaign” by Chris Fournet who allegedly posted ads on Craigslist and posed as Davis as if she was soliciting for sexual encounters with strangers. All of this was done, she claimed, while Fournet was at work.

Davis sued Motiva Enterprises LLC, Fournet’s employer, for negligent supervision, negligent entrustment and negligent undertaking.

She alleged that Fournet had previously used Motiva’s company computers for several years to access Craiglist for “soliciting sexual encounters” and “other pornographic, swinger life, or ‘adult friend finder’ ” websites during work hours and while under Motiva’s supervision.

Accusing Motiva of negligent supervision, Davis claimed that Motiva even knew that Fournet was "leaving and returning to the jobsite in order to conduct those sexual encounters."

“Motiva employees, including those in management, would by their proximity and interaction with Fournet have known or suspected his consistent interactions with pornographic and adult websites during working hours,” Davis claimed in the suit against Motiva.

A lower court dismissed the claims against Motiva after finding that Fournet was a servicer provider of the information content at issue and immune from Section 230(c)(1) of the CDA, which provides immunity from liability for providers and users of an interactive computer service who publish information provided by others.

Last week, a three-judge panel of the 9th District Texas Court of Appeals affirmed that lower court’s ruling, deciding that “Davis’ allegations are nothing more than conclusory statements that cannot support a reasonable inference that Motiva is liable as alleged.”

“The petition does not contain facts alleging how Motiva received notice of Fournet’s conduct against Davis,” the appeals panel said.

Fournet, who faced invasion of privacy claims, was not part of the appeal.

View appeals court ruling

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

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of ‘reputation risk’ from their supervision of financial institutions.

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Clips4Sale Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of content platform Clips4Sale in a case against a website using a similar domain to impersonate the site.

Pineapple Support, SextPanther to Host Stress Management Support Group

Pineapple Support and SextPanther are hosting a free online support group focused on stress management for performers.

Goddess Tangent Launches New Site Through Grooby's Blue.xxx

Goddess Tangent has launched her new membership site, TangentOD.com, through Grooby's website management company Blue.xxx.

Show More