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9th Circuit Defines Libel on the Web

BY Jason Hoppin
September 07, 2003

The U.S. Court of Appeals for the 9th Circuit waded into cyberspace late last month to set liability for Web site operators who put libelous information on the Internet in Batzel v. Smith, Nos. 01-56380 and 01-56556 2003, U.S. App. LEXIS 12736.

But defining 'content provider' under the Communications Decency Act of 1996 (CDA) isn't as easy as it might seem. In doing so, a divided court established a new test for judges to apply.

The case began when Ton Cremers, responsible for the security of countless priceless Rembrandts at the famed Dutch Rijksmuseum, received an intriguing e-mail in 1999 from a North Carolina handyman.

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