Combating Internet Trolls: The Right of Publicity and Section 230

Abstract

Section 230 protects internet trolls and websites from liability for defamation and other torts, but not from liability for intellectual property infringement. This essay argues that some plaintiffs may be able to use the right of publicity to bring claims otherwise preempted by Section 230. Specifically, it reflects on whether Kenneth Zeran could have filed a successful right of publicity action.

Keywords: right of publicity, section 230, internet, intermediary liability, Zeran