No. 13-5946
Page 3
Jones v. Dirty World Entm’t Recordings, et al.
Jones was found to be the object of defamatory content published on a user-generated,
online tabloid; however, the judgment in her favor cannot stand. Under the CDA, Richie and
Dirty World were neither the creators nor the developers of the challenged defamatory content
that was published on the website. Jones’s tort claims are grounded on the statements of another
content provider yet seek to impose liability on Dirty World and Richie as if they were the
publishers or speakers of those statements. Section 230(c)(1) therefore bars Jones’s claims.
Accordingly, we vacate the judgment in favor of Jones and reverse the district court’s denial of
Dirty World’s and Richie’s motion for judgment as a matter of law with instructions to enter
judgment as a matter of law in their favor.
I.
Richie is currently employed as the manager of DIRTY WORLD, LLC (“Dirty World”),
which owns and operates the website www.TheDirty.com.
of www.DirtyScottsdale.com,
which
he
started
in
March
Richie is also the founder
2007.
Richie
created
www.DirtyScottsdale.com as a forum to post comments and observations about residents of
Scottsdale who he believed warranted comment.
Richie’s website garnered attention from
national media, and, as the site increased in popularity, it branched out to cover more than
seventy different cities in the United States and Canada. The site then adopted a geographically
neutral name—www.TheDirty.com. The website receives approximately six hundred thousand
visits each day and eighteen million visits each month.
As the website grew, its focus and format changed. In the beginning, Richie created
nearly all the content on the site, and users could not directly upload content. This is no longer
true. For the past several years and currently, users of the site, who colloquially refer to
themselves as “The Dirty Army,” may submit “dirt”—i.e., content that may include text,
photographs, or video about any subject. Users may also post comments about the content
submitted by others. The vast majority of the content appearing on www.TheDirty.com is
comprised of submissions uploaded directly by third-party users.
The content submission form instructs users to “Tell us what’s happening. Remember to
tell us who, what, when, where, why.” The content submission form requires users to submit a
title and category for their submission as well as their city or college for indexing. Submissions