Case 0:17-cv-60426-UU Document 169 Entered on FLSD Docket 06/04/2018 Page 18 of 22
are the signature characteristic of the World Wide Web. . . . Both creation and use of hyperlinks
are relatively simple tasks . . . .”); Porismita Borah, The Hyperlinked World: A Look at How the
Interactions of New Frames and Hyperlinks Influence News Credibility and Willingness to Seek
Information, 19 J. of Computer–Mediated Comm. 576, 579 (2014) (“On an individual level,
hyperlinks can help readers understand an issue in depth; can provide an element of interactivity
for the reader and can also increase the user’s ability to control the information-seeking
process.”) (internal quotations and citations omitted). Accordingly, the Court follows Adelson
and rules that BuzzFeed can satisfy the fair report privilege by conspicuously hyperlinking to the
CNN article.
The hyperlink here is conspicuous. It appears in the body of the Article, within the words
“CNN reported,” which are written in blue. See D.E. 1-2, p. 20. Thus, when BuzzFeed
published the Dossier, it explained (via the hyperlink) that the Dossier was the subject of official
actions in the form of classified briefings by four intelligence directors to the President and
President-elect, and an FBI investigation.
Plaintiffs next argue that even if there was official action, the Article does not state that
there was any official action about the specific allegations in the Dossier relating to them. This
is incorrect. The Dossier alleges that Plaintiffs were part of a cyber-operations scheme
coordinated, at least in part, by Michael Cohen and the FSB. The Article includes a statement
from Michael Cohen denying all of the allegations in the Dossier. Meanwhile, the hyperlinked
CNN article reports that the classified briefings concerned allegations about communications
between the Trump campaign and the Russians. Thus, the official action as described would
appear to include the allegations about Plaintiffs. Regardless, it would undermine the privilege
to require that one who reports on official action tie every specific allegation in the report to a
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