Bill Text: MS SB2909 | 2010 | Regular Session | Introduced
Bill Title: Internet; Web site host may be liable for anonymous defamatory postings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [SB2909 Detail]
Download: Mississippi-2010-SB2909-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary, Division B
By: Senator(s) Lee (35th)
Senate Bill 2909
AN ACT CONCERNING THE POSTING OF CERTAIN INTERNET MESSAGES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this act:
(a) "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.
(b) "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.
(c) "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks.
(d) "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.
(e) "Operator" means any person and any entity 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 Web site 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 Web site.
(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 Web site may be liable as for actionable words as provided in Section 95-1-1 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.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.
