Want to sue DNJail.com?
From time to time, DNJail.com receives notices from companies, individuals and lawyers who claim that false or inaccurate information about them or their clients has been posted on this site. These people sometimes threaten DNJail.com with litigation unless the statements they do not like are removed.
This page is intended to provide you with information to help you better understand the situation and your rights, as well as the rights of the people who post reports here.
Our Policy: We Do Not Remove Reports!
Our policy has always remained the same – we do not remove reports! Even when they are claimed to contain defamatory statements or if the original author asks us to do so.
Here is why:
We are not in a position to judge the credibility and truthfulness of any report. All material posted on DNJail.com is created entirely by third party users of our site, not by us. Because our reports come from users, we are not in a position to know what is accurate and what isn’t. Of course, when people contact us to dispute the accuracy of something on our site, we have no way of knowing who they are or whether they are telling the truth. For that reason, we cannot simply remove reports because one side claims that something in the report is inaccurate. Taking sides is not our role.
This position isn’t unusual. Consider these examples – Facebook does not fact-check the accuracy of every post. Amazon.com doesn’t verify the accuracy of all its user reviews, nor does Twitter confirm that every tweet is 100% true. Just like these sites, DNJail.com cannot and does not investigate the accuracy of everything posted by our users. For any website that allows user-generated comments, investigating and verifying every posting would be economically and practically impossible, so the law does not hold website operators responsible for the accuracy of material posted by a user.
If I file a lawsuit against DNJail, will that get my complaint removed?
Simple answer: No. DNJail.com is not liable for statements posted by a third party, and it has never lost a case involving such statements, so it will not remove complaints even if you sue. Under the First Amendment, consumers have a right to speak out and remain anonymous.
If you decide to sue DNJail.com, please be advised that we will not remove any posts because of pending litigation and the matter will be perminent. Here is why: Once you sue and even if you were lucky to win, the matter does not go away – EVER!. The lawsuit and all it’s documents become public record. DNJail.com will post all and any public records regarding any such matter. Please consider this when you decide to spend $50K – $150K litigating DNJail.com or the author of the post. We know first hand that litigation is expensive and your desired result of post removal in fact becomes permanet in public court records.
The Law You Need To Know – The Communications Decency Act
Because we will not remove reports and some people think litigation is the answer, DNJail.com has been sued based on the content which our users have created and posted. If you are considering suing DNJail.com because of a report which you claim is defamatory, you should be aware that to date, DNJail.com has never lost a case and will aggressively fight any claim. This is because of a federal law called the Communications Decency Act or “CDA”, 47 U.S.C. § 230. Because this important law is not well known, we want to take a moment to explain the law, and to also explain that the filing of frivolous lawsuits can have serious consequences for those who file them, both parties and their attorneys.
The CDA is part of our federal laws. An excellent Wikipedia article discussing the history of the law can be found here:http://en.wikipedia.org/wiki/Section_230_of_the_Communications_Decency_Act
In short, the CDA provides that when a user writes and posts material on an “interactive website” such as DNJail.com, the site itself cannot, in most cases, be held legally responsible for the posted material. Specifically, 47 U.S.C. § 230(c)(1) states, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”
Because the reports on DNJail.com are authored by users of the site, we cannot be legally regarded as the “publisher or speaker” of the reports contained here, and hence we are not liable for reports even if they contain false or inaccurate information (NOTE: we occasionally create editorial comments and other material, but when we do, this is clearly marked as such). The same law applies to sites like FaceBook, Twitter – users who post information on these sites are responsible for what they write, but the operators of the sites are not.
The reasons for this law are simple. Websites cannot possibly monitor the accuracy of the huge volume of information which their users may choose to post. If an angry plaintiff were permitted to hold a website liable for information that the site did not create, this would stifle free speech as fewer and fewer sites would be willing to permit users to post anything at all. See generally Batzel v. Smith, 333 F.3d 1018, 1027-28 (9th Cir. 2003) “Making interactive computer services and their users liable for the speech of third parties would severely restrict the information available on the Internet. Section 230 [of the CDA]therefore sought to prevent lawsuits from shutting down websites and other services on the Internet.”
So, why should you care about the CDA? Well, it’s simple – if someone posts false information about you on DNJail.com, the CDA prohibits you from holding us liable for the statements which others have written. You can always sue the author if you want, but you can’t sue DNJail.com just because we provide a forum for speech.
There’s a false report about me and I want it removed. What can I do?
DNJail Removal Policy
1) Free: If any portion of a post made by DNJail.com is not factual, we would be happy to remove and retract any false information. However the post will not be removed. Please forward proof and your side of the story and we will decide if any update is required. Usually takes up to 60 days.
2) Fee Based: Although DNJail’s policy is not to remove posts. We will under extenuating curcumstances. Usually takes 3 days. $3750 usd.