Judge Sam Sparks of the U.S. District Court for the Western District of Texas has dismissed a lawsuit brought against popular social networking Web site MySpace. The suit was brought by the family of a teenage girl who was sexually assaulted by a 19 year-old man she met via the Web site; the suit charged MySpace with fraud, negligence, and negligent misrepresentation.
In granting MySpace’s motion to dismiss the suit, Judge Sparks said MySpace was protected from materials posted on its site by provisions of the Communications Decency Act of 1996, which was intended in part to foster the development of Internet and interactive services. Sparks’ ruling states: “To ensure that Web site operators and other interactive computer services would not be crippled by lawsuits arising out of third party communications, the Act provides interactive computer services with immunity.” Sparks also noted that the girl lied about her age when registering for a MySpace account, saying she was 18 years of age. MySpace’s minimum age requirement is 14, although the site does not currently verify member ages.
An attorney representing the plaintiffs indicated the family planned to appeal the dismissal, and refile charges of fraud and misrepresentation in a different court.
MySpace currently faces similar lawsuits from the families of other girls assaulted by predators the encountered via MySpace. Judge Sparks’ ruling may be a factor in those cases, but would not be legally binding.
Family advocacy and child safety groups have consistently criticized MySpace for failing to provide safeguards like age verification to protect minors. MySpace, for its part, has been trying to raise its safety and security profile, recently launching initiatives to remove sex offender profiles from the service and carry region-specific Amber alerts.
