RECENT DEVELOPMENTS IN MEDIA, PRIVACY, AND DEFAMATION LAW

• Published in: Tort trial & insurance practice law journal 2011-09, Vol.47 (1), p.359-391
• Main Authors: Albrecht, Shari, Borger, John P., Groshong, Patrick L., Kissinger, Ashley, Larsen, Joseph R., Larsen, Katharine, Leatherbury, Thomas, Mandell, Steven P., Mast, Katherine E., Van Horn, Catherine, Walker, Leita, Williams, Thomas J., Zansberg, Steven
• Format: Article
• Language: English
• Subjects: Complaints; Defamation; Defendants; Federal court decisions; Federal district courts; Information legislation; Internet; Invasion of privacy; Journalism; Libel and slander; Manslaughter; Plaintiffs; Prisoners; Privacy rights; Privacy, Right of; Sexual harassment; State court decisions; Statutory law; Surveys; Tourism; Trials; Websites
• ISSN: 1543-3234; 1943-118X

In Sandals Resorts International Ltd. v. Google, Inc ., a Caribbean resort operator sought the identity of the sender of an e-mail criticizing the company's treatment of native Jamaicans. 17 The e-mail scrutinized the company's policy of only hiring foreigners for its senior managerial positions: "Why are poverty-stricken Jamaican taxpayers subsidizing the billion dollar tourist industry . . . '[m]aking foreign millionaires at Jamaicans' expense?' " 18 But the court rebuffed these efforts, deeming the online communication mere opinion, a rhetorical denouncement that native Jamaicans were financially supporting tourism without any return on their investment. 19 Primarily, the court considered the "broader social context" of the e-mail, reasoning that "the culture of Internet communication . . . encourag[es] a freewheeling, anything-goes writing style" unhindered by the barriers and editing process of traditional media . 20 In other words, given that anonymous, incoherent Internet posts are likely to be viewed by the reader with greater factual skepticism, courts should take into account the "tenor of the chat room or message board in which they are posted, and the language of the statements" in distinguishing libelous assertions from nonactionable opinion. 21 D. Expansion of Anti-SLAPP Laws, CSI , and a Celebrity Soccer Star to Boot On June 17, 2011, Texas became the twenty-seventh state to enact an "anti- SLAPP" statute. 22 Also known as citizens participation acts, these statutes prevent lawsuits aimed at silencing citizens from petitioning government officials through the threat of expensive and prolonged litigation.\n 210 With respect to coverage under the "advertising injury" offense of "oral or written publication of material that violates a person's right of privacy," the court held that Resource Bankshares 211 did not overrule Prime TV , 212 such that under North Carolina law there was a potential for coverage for TCPA claims sufficient to trigger a carrier's defense obligation. 213 The opinion in Pennsylvania National Insurance Co. v. Group C Communications, Inc ., addresses coverage for an underlying TCPA class action under a primary businessowners' liability policy and a commercial umbrella policy issued to a business categorized as "Offices-Advertising" in the policy declarations. 214 The primary policy excluded coverage for advertising injury arising out of "[a]n offense committed by an insured whose business is advertising, broadcasting, publi