N.J. politicians sue Web site operator over anonymous postings

By The Associated Press

08.07.01

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EMERSON, N.J. — An Emerson man who set up a Web Site to keep the public informed about the Bergen County borough is being sued by local politicians in the latest case testing how libel and defamation laws apply to cyberspace.

Stephen Moldow opened the "Eye on Emerson" site 18 months ago, posting benign information such as the budgets of the municipality and local school district, and minutes of meetings of the borough's planning, zoning, environmental, recreational and shade tree commissions.

His troubles began when anonymous critics used the site's message board to accuse elected officials of off-duty transgressions, including marital infidelity and urinating in a swimming pool.

Two borough council members, a council candidate and a councilwoman's husband then filed suit against Moldow and dozens of people, identified only by their screen names, who posted offending messages.

"None of these notes here are criminal or defamatory," Moldow told The Record of Hackensack for its Aug. 5 editions. He said the lawsuits are "going to tear the town apart."

Councilwoman Gina A. Calogero, one of the plaintiffs in the lawsuit filed in Hackensack on July 25, argues that the Web site's forum illegally damaged her reputation.

"It caused us a lot of distress," she told the newspaper. "The First Amendment doesn't give people the right to tell lies that damage other people's reputations or harass or threaten them."

The other plaintiffs are her husband, Lawrence Campagna, Councilman Vincent S. Donato and council candidate Eric Obernauer, all of whom are Republicans.

"I have no problem with people attacking our policies or agenda — that's fair comment and I support it," said Campagna, the borough's chairman. "But when people crossed the line into personal destruction, then it becomes actionable. ... How do we get our reputations back?"

Moldow, a father of two young children, told the newspaper some municipal officials wanted him to create a forum that bans anonymous postings. He said the software doesn't allow that, adding, "I don't want to be a censor."

However, he temporarily took down the message board and has removed some postings he felt were particularly offensive, including one comparing local officials to Adolf Hitler. Still, Moldow said he believes people have a right to free speech.

"I can't spend every minute of my day watching a Web site. I can't be responsible for other people's behavior," he added.

David L. Sobel, general counsel for the Electronic Privacy Information Center in Washington, said most prior court cases dealing with online anonymity concerned businesses trying to learn the identities of critics.

"Almost everyone believes there's a stronger case for anonymity in cases that involve public figures and political issues," Sobel told the newspaper.

Meanwhile, Moldow on Aug. 4 installed a "zipper" message at the bottom of his Web page, a running message that warns users not to "post or transmit anything unlawful, threatening, abusive, libelous, defamatory" or obscene.

The zipper message also states that the Web Master does not control information or files posted on the bulletin board, and urges residents to turn out at today's council meeting "to support your right to free speech."

Update

N.J. judge dismisses lawsuit over anonymous Web site criticism
Attorney for politicians who sued over derogatory chat-room comments vows to appeal decision.  01.03.02

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