The posting took place in October 1999 when someone, identity unknown, posted a 'trial' profile to the internet dating site, using the identifier 'Chase529'. This profile mixed and matched correct information, including the actress's name and address, with a fabricated photo and false information – some of it of a suggestive nature.
Chase Masterson - real name Christianne Carafano – was oblivious until she started to receive explicit phone calls, and a very threatening fax message towards her and her son. The actress moved out of her home for several months as a result.
Eventually Carafano's agent received an e-mail detailing the posting, and a short time later contacted the site and demanded that it be removed. It was, a few days later.
The actress took the matter to court. Matchmaker argued that it was immune from prosecution under the Communications Decency Act because of a general exception stated in the Act that,
"[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."
The district court disagreed, saying that as part of the profile had been supplied to the Matchmaker site by a questionnaire, the company had provided a part of the content contained in the profile. The ruling was met with horror from ISPs and web site operators as it was seen as imposing liability upon them for the actions of a third party.
The Court of Appeal for the 9th Circuit has now reversed the decision. Judge Thomas, in giving the opinion of the court, wrote that the statutory exemption has been generally regarded as providing "broad immunity for publishing content provided primarily by third parties."
He added:
"so long as a third party willingly provides the essential published content, the interactive service provider receives full immunity regardless of the specific editing or selection process."
The fact that a questionnaire was used to elicit information for the profile was irrelevant because it was the user who decided what content to put into the questionnaire.
Carafano was very upset by the decision. She told The Associated Press, "I am shocked, and I'm devastated," adding, "Matchmaker was not a passive vehicle."
The Associated Press reports that the actress will appeal the decision.