ASSEMBLY, No. 1327
STATE OF NEW JERSEY
212th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION
Makes certain operators of interactive computer
services and Internet service providers liable to persons injured by false or
defamatory messages posted on public forum websites.
As introduced.
An Act concerning the posting of certain Internet
messages and supplementing chapter 38A of Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Information content
provider" means any person or entity that is responsible, in whole or in
part, for the creation or development of information provided through the
Internet or any other interactive computer service.
"Interactive computer
service" means any information system, service, or access software provider
that provides or enables computer access by multiple users to a computer
server, including specifically a service or system that provides service to the
Internet.
"Internet" means the
international computer network of both federal and non-federal interoperable
packet switched data networks.
"Internet service
provider" or "provider" means any person, business or
organization qualified to do business in this State that provides individuals,
corporations, or other entities with the ability to connect to the Internet
through equipment that is located in this State.
"Operator" means any
person, business or organization qualified to do business in this State that
operates an interactive computer service.
2. The operator of any
interactive computer service or an Internet service provider shall establish,
maintain and enforce a policy to require any information content provider who
posts written messages on a public forum website either to be identified by a
legal name and address, or to register a legal name and address with the
operator of the interactive computer service or the Internet service provider
through which the information content provider gains access to the interactive
computer service or Internet, as appropriate.
3. An operator of an interactive
computer service or an Internet service provider shall establish and maintain
reasonable procedures to enable any person to request and obtain disclosure of
the legal name and address of an information content provider who posts false
or defamatory information about the person on a public forum website.
4. Any person who is damaged
by false or defamatory written messages that originate from an information
content provider who posts such messages on a public forum website may file
suit in Superior Court against an operator or provider that fails to establish,
maintain and enforce the policy required pursuant to section 2 of P.L. ,
c. (C.) (pending before the Legislature as this bill), and may recover
compensatory and punitive damages and the cost of the suit, including a
reasonable attorney's fee, cost of investigation and litigation from such
operator or provider.
5. This act shall take effect
on the 90th day following enactment.
STATEMENT
This bill would require an
operator of any interactive computer service or an Internet service provider to
establish, maintain and enforce a policy requiring an information content
provider who posts messages on a public forum website either to be identified
by legal name and address or to register a legal name and address with the
operator or provider prior to posting messages on a public forum website.
The bill requires an operator
of an interactive computer service or an Internet service provider to establish
and maintain reasonable procedures to enable any person to request and obtain
disclosure of the legal name and address of an information content provider who
posts false or defamatory information about the person on a public forum
website.
In addition, the bill makes
any operator or Internet service provider liable for compensatory and punitive
damages as well as costs of a law suit filed by a person damaged by the posting
of such messages if the operator or Internet service provider fails to
establish, maintain and enforce the policy required by section 2 of the bill.
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