Richard Gadsden’s Comments

• Oct 20th, 2020 @ 10:13am

  (untitled comment)

  on Section 230 Basics: There Is No Such Thing As A Publisher-Or-Platform Distinction

  "No 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."

  This raises a question for me. Does that mean that Techdirt (a provider of an interactive computer service) is not the publisher or speaker of this article because it was provided by Cathy Gellis (another information content provider).

  If so, does that mean that anyone libelled by an article in any online-only publication only has recourse against the author of the article?

  Or will a court rule that Cathy Gellis was acting in her capacity as an employee of Techdirt and therefore Techdirt has liability?

  If so, at what point does an identified person cease to be acting on behalf of their employer and start to be writing on their own behalf using their employer as a provider of an interactive computer service?

  I'm guessing there is real caselaw on this question.