When is a website liable for posting nasty stuff about other people? Take a look at Don't Date Him Girl, a website that allows women to post trashy stuff about men they think have cheated on them, as a warning to other women. (You can search their site here to see if you are listed.)
Pittsburgh criminal defense attorney Todd Hollis wasn't amused when he was listed. He sued Tasha Joseph, the website owner, two other women, one of whom he alleges wrote the initial post, another he says wrote a follow-up post, and five unnamed "Does" who posted or commented about him on the site. The complaint is here (pdf). How Appealing has been following the case and posted links to the website owner's Motion to Dismiss (pdf) and accompanying affidavit (pdf).
Alesia says while she dated Hollis, she didn't publish the information. She has countersued Hollis for among other things, having her served in the presence of tv cameras at her job at the Allegheny County Coroner's office. She's asking for a minumum of $50k in damages.
According to Hollis's complaint, more than 1,000 men are listed on the site and 100 new submissions are received daily. The owner says there are more than 200,000 daily visitors to the site.
What did the anonymous posters write about Hollis? The first, alleged by Hollis to be Carolyn Merritt Latimore (no relation) wrote that he had multiple children and herpes. Hollis asked Joseph to remove the post, and 36 hours later she did. But then another anonymous poster, alleged by Hollis to be Alesia Roskov, posted a second profile which alleged Hollis was either gay or bi-sexual.
Then there were third and fourth profiles with equally disparaging allegations, to which comments were posted.
Hollis claims Joseph is liable for failing to conduct any independent verification of the allegations, all of which he states unequivocally are false. He claims Joseph is liable for "defamation per se" and is seeking damages, also in an amount of at least $50,000.
So, what do you think? Does Hollis have a cause of action? I don't do civil cases but I seem to recall courts have held that websites aren't responsible for comments posted. Is it different because Joseph invited damaging information and created the site to display it? Should (or could) all the men listed get together and file a class action against her?
Personally, I think the site is deplorable and hope Joseph voluntarily shuts it down. Regardless of whether it's legally justifiable, it's morally reprehensible -- at least in my constitutionally protected opinion.
For a little late night music that reminds me of the site, here's Patty Smyth and Scandal doing Goodbye to You.