Amazon gets Section 230 win over alleged defamatory product review

Defendant ordered a scarf from plaintiffs’ Amazon store. Defendant left a review claiming the scarf was not a real Burberry. When neither the customer nor Amazon would take down the review, plaintiffs sued for defamation. The lower court dismissed on Section 230 grounds. Plaintiffs sought review with the Eleventh Circuit which affirmed the dismissal in a non-published opinion.

The court held:

• Amazon is an interactive computer service provider. Amazon’s website allows customers to view, purchase, and post reviews online, and therefore provides computer access by multiple users similar to an online message board or a website exchange system.
• Amazon was not responsible for the development of the offending content. According to the complaint, defendant wrote the allegedly defamatory review, and therefore she functioned as the information content provider.
• Roommates.com is not applicable, as the complaint here alleges that defendant wrote the review in its entirety.
• Plaintiffs seek to hold Amazon liable for failing to take down defendant’s review, which is exactly the kind of claim that is immunized by Section 230 — one that treats Amazon as the publisher of that information

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