Abstract
This Article provides a proposed method for instituting a federal takedown remedy for a state tort without subjecting ISPs to liability. This proposed solution effectively balances a successful mechanism for remedying harm caused by cyber misconduct with allowing free speech and the continuing growth of the Internet as a popular medium for communication.
Part II examines the unique aspects of the Internet, provides a brief background of traditional defamation law, and discusses the current obstacles to recovery victims of cyber defamation encounter under § 230. Part III reviews the background of the CDA, judicial interpretation of § 230, and the growing dissatisfaction with the broad interpretation of § 230. Part IV studies the background of U.K. defamation law, the influence of the E.U. Electronic Commerce Directive on the creation of the U.K. Defamation Act 2013, and analyzes the pertinent sections of the U.K. Defamation Act 2013. Part V presents a proposed solution and framework for amending § 230 to include a federal takedown remedy. Part V also addresses jurisdictional or other potential concerns that could arise in response to the proposed solution.
Recommended Citation
Bennis, Amanda
(2021)
"Realism About Remedies and the Need for a CDA Takedown: A Comparative Analysis of § 230 of the CDA and the U.K. Defamation Act 2013,"
Florida Journal of International Law: Vol. 27:
Iss.
2, Article 4.
Available at:
https://scholarship.law.ufl.edu/fjil/vol27/iss2/4