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Torts Keyed to Franklin
Carafano v. Metrosplash.com, Inc.
Citation:
339 F.3d 1119 (9th Cir. 2003)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.
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Topic Resources
Topic Outline
Defamation And Privacy TortsTopic Refresher Course
Defamation and Privacy Torts Essay Review