When Can You Shoot the Messenger? Understanding the Legal Protections for Entities Providing Information on Business Products and Services in the Digital Age
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Date
2017-12-21
Authors
Walters, Ryan M.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
Part I of this Article will discuss the changing face of the news media in the digital age and the resulting financial pressure on traditional media organizations, particularly local news organizations. Part II of this Article will cover the common law defamation system that still largely governs the liability system for defendants in this area. Part III of this Article will examine the constitutional protections in place for entities commenting on business products and services, including several unresolved issues affecting this liability system. Part IV of this Article will explore the history of BBB organizations in their consumer-protection function and the corresponding legal privilege courts have recognized for BBB entities, a privilege largely unaddressed by legal scholarship. Part V of this Article will address the Communications Decency Act, a critical protection in the digital age for defamation and related claims, that applies to websites that host statements from third parties, most notably consumers. Part VI will emphasize the continued importance of enforcing and expanding these protections for entities that comment on business products and services.
Description
64 pages
Keywords
Liability
Citation
96 OR. L. REV. 185