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Defamatory posts and libel lawsuits

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  • Defamatory posts and libel lawsuits

    There are many postings on the immihelp.com web site for wide variety of topics such as immigration, insurance, travel, sending money to India, employers and immigration attorneys etc.

    Some of these experiences may be positive while others may be negative. Sometimes, when a negative experience is posted about someone or some company, they threaten us (site administrator, site owner, site moderators and even the advertisers) and the posters themselves.

    What happens when someone or some company objects to a negative experience posted about them?

    Immihelp.com provides a Forum for the convenience of our visitors and all comments of such visitors are provided solely by the visitors without contribution from Immihelp.com. Immihelp.com is not responsible for visitor’s comments and, by law, Immihelp.com is not obligated to monitor or remove, or take any other action with respect to such comments. The U.S. Federal Communication Decency Act (“CDA”) states that “[n]o 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 [or user].” 47 U.S.C. ยง 230(c)(1). Section 230 of the CDA applies to Immihelp.com and therefore Immihelp.com is not responsible or liable for any comments provided by users.

    Also, visit https://www.eff.org/issues/cda230 to understand Section 230 of the CDA in plain English language.

    As an example, a recent example of such as a case is illustrated in a 22 page opinion of a federal judge in DiMeo V Max at http://www.law.com/jsp/article.jsp?id=1149152717145

    What should I do if any negative postings have been made against us? What can this web site do for us?

    We will not delete, edit or moderate the posts, threads or any experience entries on this web site. We are protected under Section 230 and we provide the freedom for people to post their experiences. It is important for others to know if you are not getting proper service by others.

    If you would like us to delete some posting by a user, you may get a court order asking us to do so. We are unable to take any action based on cease and desist letters.

    When is Section 230 not applicable?

    The only time Section 230 of the CDA is not applicable is when the administrators and moderators of a web site post negative experiences about others. Immihelp.com does not contribute to posts, therefore Section 230 is always applicable to Immihelp.com

    Are we obligated to provide information to plaintiffs about our anonymous posters?


    With respect to the demand for information about the visitors that posted comments on the Forum, Immihelp.com respects the privacy of its visitors and does not distribute information regarding visitors other than as directed by a valid court subpoena, as provided in Immihelp.com’s privacy policy (http://www.immihelp.com/misc/privacy-policy/).

    The reality is that we ourselves may not have sufficient information to adequately identify such posters.

    Therefore, posters can freely post their genuine experiences about others, positive or negative.

    Should I post the message about the party if I have been hurt?

    We neither encourage nor discourage to post any messages. You are free to post anything as long as you make sure that it is genuine experience.

    What if someone that has a lot of money sues this web site just trying to shut it down and make you bankrupt, irrespective of whether they have valid case or not?

    Since Immihelp.com is protected by the CDA, any legal action against Immihelp.com based on reviews or other information posted on the website by visitors would be frivolous and would subject the filer to liability and sanctions, including payment of attorney’s fees and other expenses, under Rule 11 of the Federal Rules of Civil Procedure and/or applicable state laws.
    Immihelp Support
    No legal advice. Use at your own risk.

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