Carafano v. Metrosplash.com, Inc.

Brief Fact Summary.

An unknown Matchmaker.com user catfished as Carafano, revealing her address and phone number and posting sexually suggestive answers on a fake profile. Carafano began receiving harassing messages and phone calls from fans and had to leave her home with her son for several months.

The profile was not taken down until about two and a half days after Carafano’s agent made the demand. Carafano sued, alleging defamation.

Synopsis of Rule of Law.

An interactive computer service may not be held liable under 47 U.S.C. § 230(c)(1) if the service did not play a significant role in creating, developing, or “transforming” the relevant information.

Facts.

Matchmaker.com is a website that allows its members to post anonymous profiles and contact others by email through the Matchmaker.com server. Matchmaker reviews photos for impropriety before posting but does not review profiles.

An unknown person using a computer in Berlin catfished as Carafano, revealing her address and phone number and posting sexually suggestive answers to the website’s questionnaire. Carafano began receiving harassing messages and phone calls from fans and had to leave her home with her son for several months.

Carafano’s agent demanded that the profile be taken down, but Matchmaker’s employees stated that the profile could not be removed immediately because Carafano’s agent was not the individual to post the profile. Matchmaker blocked the profile from public view two days later and deleted the profile the following morning.

Carafano sued, alleging defamation.

Issue.

Are Carafano’s claims barred by 47 U.S.C. § 230(c)(1)?

Held.

Affirmed.

Yes, Carafano’s claims are barred by 47 U.S.C. § 230(c)(1).

Discussion.

Matchmaker cannot be considered an “information content provider” under the statute because no profile has any content until a user actively creates it. Matchmaker’s role here is similar to that of eBay’s in Gentry v. eBay with its Feedback Forum. Just as eBay was held not responsible for false or misleading content that its users created on its feedback forums, Matchmaker should not be held responsible for false or misleading content that its users created in their profiles and in response to Matchmaker’s questionnaires.