1. Advertising
    y u no do it?

    Advertising (learn more)

    Advertise virtually anything here, with CPM banner ads, CPM email ads and CPC contextual links. You can target relevant areas of the site and show ads based on geographical location of the user if you wish.

    Starts at just $1 per CPM or $0.10 per CPC.

Rocky Hanna - The Dirty Takedown

Discussion in 'Legal Issues' started by Website Takedowner, Dec 27, 2015.

?

Should The Dirty Have CDA Immunity?

  1. Yes

    0 vote(s)
    0.0%

  2. No

    1 vote(s)
    100.0%
0
  1. #1
    Recently there was an article published on The Dirty about Rocky Hanna, former Leon High Principal. This article is highly vitriolic: https://thedirty.com/gossip/tallahassee-2/rocky-hanna-had-sexual-involvement-with-high-school-staff/

    As a friend of Rocky's, I have done some research and have found that several people in the past have sued The Dirty but they have come away unscathed because of something called CDA Immunity.

    It appears that the article was actually published by Nik Richie, the owner of The Dirty, and that he opined about Rocky Hanna himself. Since he actually weighed in on this post, does that mean that his "CDA Immunity" that he hides behind is gone?

    I am sure that the article is defamatory as while I have heard of Rocky Hanna having sex with several members of the faculty and some have come forward publicly like the recent article in the Tallahassee Democrat that comes up when you google his name, yet I have never heard that any of this is non-consensual which seems libelous.

    Therefore I think that The Dirty has liability in publishing the article about Rocky Hanna. Please weigh in on this as your community here clearly has a number of experts on this matter. Thank you.
     
    Website Takedowner, Dec 27, 2015 IP
  2. sarahk

    sarahk iTamer Staff

    Messages:
    28,500
    Likes Received:
    4,460
    Best Answers:
    123
    Trophy Points:
    665
    #2
    I don't know about the US but down here in NZ no lawyer will take a libel/slander case without the fees being paid up, in full and deposited in an escrow account. That tends to stop people in their tracks.

    upload_2015-12-28_10-41-34.png

    You would have to be able to prove that there were no allegations about the rape. That will be more damaging than letting the rumours fade away. After all he doesn't say there was a rape, merely that there is gossip. He doesn't even need to prove that a lawsuit has been filed, merely that there was gossip about a lawsuit.

    I think the author has worded things carefully and you'll find it very hard to get legal traction without further damaging your "friend".

    You may want to reconsider the people you befriend. I wouldn't want my adult daughter coming anywhere near that guy or the people who condone his behaviour.
     
    sarahk, Dec 27, 2015 IP
    browntwn likes this.
  3. Website Takedowner

    Website Takedowner Peon

    Messages:
    4
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    1
    #3
    Thank you for the advice, but I really need to know the rights Rocky has in the USA. And good point RE not filing a lawsuit, as if that gets out it could bring people out of the woodwork.

    Nevertheless, if there is a way to remove that listing quietly in the United States I would like to know how.
     
    Website Takedowner, Dec 27, 2015 IP
  4. sarahk

    sarahk iTamer Staff

    Messages:
    28,500
    Likes Received:
    4,460
    Best Answers:
    123
    Trophy Points:
    665
    #4
    You'll find a lawyer will be able to send a sternly worded letter and that may work. On the other hand, when I've received them for one of my sites I've invariably just responded with a one finger salute and said "bring it on". It all depends on how strongly the site owner feels on the issue.
     
    sarahk, Dec 27, 2015 IP
  5. Website Takedowner

    Website Takedowner Peon

    Messages:
    4
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    1
    #5
    That's great advice...I will advise him of your feedback and hope that if he takes this route he doesn't get a middle finger back.
     
    Website Takedowner, Dec 27, 2015 IP
  6. Website Takedowner

    Website Takedowner Peon

    Messages:
    4
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    1
    #6
    Does anyone else on this forum have advice, notably pertaining to USA CDA Immunity and how to get past it?
     
    Website Takedowner, Dec 28, 2015 IP
  7. pmf123

    pmf123 Notable Member

    Messages:
    1,447
    Likes Received:
    75
    Best Answers:
    0
    Trophy Points:
    215
    #7
    Ask Bill Cosby what happens once one person comes forward...
     
    pmf123, Jan 8, 2016 IP
  8. sarahk

    sarahk iTamer Staff

    Messages:
    28,500
    Likes Received:
    4,460
    Best Answers:
    123
    Trophy Points:
    665
    #8
    I think you might find that most of us here will tend to support a website owner keeping the content up.
    Use a real lawyer and do it properly.
     
    sarahk, Jan 8, 2016 IP