Zeran v. AOL

Shortly after the Oklahoma City bombing, an unknown person posted messages onto an AOL bulletin board falsely implicating Zeran. Zeran filed a lawsuit against AOL for the allegedly defamatory postings. The case concerned the question of whether AOL may be liable for allegedly being unreasonably slow to remove a series of allegedly defamatory messages posted on AOL message boards by an unidentified third party.

The United States District Court for Eastern District of Virginia granted judgment in favor of AOL, holding that Section 230 of the Communications Decency Act, known as the “Good Samaritan” provision, protects providers of interactive computer services from liability for defamatory information posted on the network by someone else. The district court determined that AOL was not the legal publisher of the material for purposes of defending defamation and negligence claims. The case was appealed by Zeran to the United States Court of Appeals for the Fourth Circuit.

On November 12, 1997 the Fourth Circuit affirmed the earlier decision. The Court of Appeals based its ruling on Section 230(c)(1), which states that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." The Court of Appeals also rejected the argument that Section 230 should not apply in this case because the messages at issue had been posted before the statute was enacted.The decision is a pivotal victory for online service providers because it protects them from liability for actions taken by their users.

In a closely-watched case, the Supreme Court declined to review a decision by the United States Court of Appeals for the Fourth Circuit holding that AOL was not legally responsible for the online harassment of an individual. The case was the first case to interpret section 230 of the Telecommunications Act of 1996--the provision which immunizes interactive service providers from liability for communications by users or members of the service. AOL hailed the decision as a significant victory not just for AOL, but for the entire Internet. The decision in the Zeran case defines the rights and responsibilities of Internet Service Providers and protects the First Amendment rights of Internet users. Section 230 of the Telecommunications Act of 1996 was passed to ensure that ISP's would not have to pre-screen all member communications to avoid legal liability and, at the same time, leave ISP's free to take responsible measures to screen or block objectionable content.

At AOL, we take our responsibility to provide our members with a pleasant and safe online experience very seriously and we have in place a clear set of rules and practices governing appropriate content and behavior on our service. In the event we receive a complaint about inappropriate or objectionable conduct or content, we take swift and responsible action.

"This was the approach that the Congress envisioned as the only reasonable way to foster Free Speech on the Internet without unduly burdening Internet Service Providers -- and yesterday's Supreme Court action only serves to underscore the law's spirit and intention."

In addition, the Zeran v. Diamond Broadcasting case was dismissed and Zeran's appeal denied.  After AOL, Zeran filed suit against the Diamond Broadcasting owned radio station that broadcast the posted information.   The 10th Circuit Court of Appeals upheld the District Court's early decision on substantive issues and reveresed the earlier court's decision on the issue of costs to the radio station.

More Information

Zeran v. Diamond Broadcasting, Inc. Order and Judgement

Zeran v. AOL Appellate Opinion

Zeran v. AOL Brief of Appellee

Zeran v. AOL Brief of Appellant

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Zeran v. AOL Opinion