Website Hyperlinks Cannot Be Defamatory

Nov. 13, 2015, 9:44 PM UTC

A website owner wasn’t liable for hyperlinking to potentially defamatory material on someone else’s website, the Washington Court of Appeals held Nov. 12 (Life Designs Ranch, Inc. v. Sommer, Wash. Ct. App., 32922-4-III, 11/12/15).

Judge Stephen Brown said in a 2-1 majority opinion that a hyperlink is more like a reference than a republication.

The decision makes it more difficult to stop the spread of negative information about a company, as people sharing a link to the negative material can—in Washington, at least—avoid being subject to liability for the linked content.

Website Created After Dispute.

Plaintiff Life ...

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