Interactive Web site communications can run the gamut from disparaging others to exchanging information about both good and bad business experiences. Misuse of an interactive site or a social network, however, may create liability in New York for such wrongful conduct. Counsel should be aware of such potential liability, even for an anonymous blogger who wants to hide his identity on an out-of-state site, as well as the limitations thereon, certain of which may be found in the Communications Decency Act of 1996 (CDA).1
Also, prospective litigants should be reminded that a defamation claim can flow from electronically disseminated information, which communications may also form the basis for alleging a tortious interference with contract cause of action.
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