Global Telemedia International, Inc. v. Doe 1

132 F. Supp. 2d 1260
CourtDistrict Court, C.D. California
DecidedFebruary 23, 2001
DocketNo. SACV00-1155DOCEEX
StatusPublished

This text of 132 F. Supp. 2d 1260 (Global Telemedia International, Inc. v. Doe 1) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Global Telemedia International, Inc. v. Doe 1, 132 F. Supp. 2d 1260 (C.D. Cal. 2001).

Opinion

ORDER GRANTING DEFENDANTS’ SPECIAL MOTION TO STRIKE

CARTER, District Judge.

Before the Court are Special Motions to Strike brought by Defendant Barry King aka BDAMAN609 (“King”) and Defendant Reader aka ELECTRICK_MAN’s (“Reader”). King and Reader filed two separate motions; because they raise the identical legal arguments based on similar facts, the motions will be considered together. The Court deems this matter appropriate for decision without oral argument. See Fed. R.Civ.P. 78; Local Rule 7.11. Accordingly, the hearing scheduled for February 26, 2001 at 8:30 a.m. is removed from the Court’s calendar. After consideration of all papers submitted by both Defendants and Plaintiffs, the Court GRANTS Defendant Reader’s Motion and GRANTS Defendant King’s Motion.

I. Background

Plaintiff Global Telemedia International, Inc. (“GTMI”) is a publicly traded telecommunications company trading on the National Association Securities Dealers OTC Bulletin Board (“OTCBB”) or the Electronic Bulletin Board. The OTCBB is a regulated quotation service that displays real-time quotes, last-sale prices, and volume information in over-the-counter equity securities. An OTC company typically is not listed or traded on NASDAQ or a national securities exchange.

While GTMI had been incorporated and operated under various management teams, Plaintiff Jonathon Bentley-Stevens (“Stevens”) took over the company in June 1999. The company began trading publicly as GTMI in that month.1 Its press releases describe it as “a leader in Voice over IP, LAN VPN (Virtual Private Network), ISP, Virtual ISP, and PC-PC, PC-Phone, data and voice, Smart e-Card solutions, (www.smart-e-eard.net). It also owns manufacturing, telecom, ISP, and software development facilities in Australia, Malaysia and the Philippines.” Gray Decl., Ex. T. It has traded from around $0.80 a share in June of 1999 to a high of [1264]*1264around $4.70 a share in March of 2000 to a low of $0.25 share in October 2000. Opp’n to King Mot. at 9. It spiked up to the $2.75 range and back down below $1.00 between approximately March and April of 2000. It has closed at below $1.00 a share since April of 2000. Stevens Deck in Opp’n to King Mot., Ex. B-l.

Between March 2000 and the filing of the instant complaint, Defendant Reader and Defendant King posted numerous messages on the Raging Bull Message Boards, an Internet bulletin board.2 Raging Bull is a financial website that organizes individual bulletin boards or “chat-rooms,” each one dedicated to a single publicly traded company. The chat-rooms are open and free to anyone who wants to read the messages; membership is also free and entitles the member to post messages. While the majority of posters appear to be investors in the company or prospective investors, stock ownership is not required to post. Posters typically are not identified by their real names, but by names created by each individual. For example, as noted above, Reader posted under the name of “electrick_man” and King posted under the name “BDA-MAN609.” Other handles include “fools-fool9,” “raginghuff,” “nvshawty,” “akita-man,” and “joemeat.” Gray Deck, Ex. G.

Unlike many traditional media, there are no controls on the postings. Literally anyone who has access to the Internet has access to the chat-rooms. The chat-rooms devoted to a particular company are not sponsored by that company, or by any other company. No special expertise, knowledge or status is required to post a message, or to respond. The postings are not arranged by topic or by poster. The vast majority of the users are, because of the “handles,” effectively anonymous. The messages range from relatively straightforward commentary to personal invective directed at other posters and at the subject company to the simply bizarre. For example, one exchange includes “joemeat, you are one of the stupidest suckers that ever posted here” to which “joemeat” responded “akita: that means so much coming from a degenerate who speaks regularly from his lower orifice.” Gray Deck, Ex. G.

It is in this milieu that Reader and King posted messages in the GTMI chat-room. Reader began posting in March 2000 and apparently has continued at least through October 2000. King began posting in March 2000 as well. The postings are the subject of the instant complaint. Both Reader and King posted negative and allegedly libelous comments about GTMI and Stevens. Plaintiffs filed a complaint in state court for trade libel, libel per se, interference with contractual relations and prospective economic advantage against several posters, including Reader and King; Defendants removed the matter to this Court on November 22, 2000. Reader and King filed separate motions to strike pursuant to California Civil Procedure § 425.16.

II. Discussion

Reader and King are being sued as a result of less-than-flattering postings about GTMI on the Internet. In bringing their motions to strike under § 425.16, King and Reader argue that this suit is brought against them as a “transparent effort to intimidate and silence individuals who are critical of Plaintiffs’ corporate performance.” Reader Mot. at 1.

Section 425.16 was passed in 1992. The California State Legislature found that

[T]here has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial pro[1265]*1265cess. To this end, this section shall be construed broadly.

§ 425.16(a).

These disfavored lawsuits are commonly referred to as Strategic Litigation Against Public Participation, or SLAPP, lawsuits. Section 425.16 permits a defendant to dismiss a lawsuit if the alleged bad acts arose from his or her exercise of free speech “in connection with a public issue” and if the plaintiff cannot show a probability of success on the claims. § 425.16(b)(1). Thus, the questions before the Court are (1) whether the postings were an exercise of Defendants’ right to free speech “in connection with a public issue,” and (2) whether Plaintiffs have a probability of success on their claims.

A. “In Connection with a Public Issue”

Section 425.16(e) provides that an “act in furtherance of a person’s right of petition or free speech under the United States or California Constitution in connection with public issue includes: ... (3) any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest.” Plaintiffs do not argue that Reader and King were not exercising their right to free speech or that their speech did not take place in a public forum. Rather, Plaintiffs argue that King and Reader were engaging in commercial speech, specifically defamatory commercial speech, about a company which is not of public interest but simply has been exposed to media coverage. Plaintiffs argue that to extend the SLAPP provisions to commercial contexts or to commercial speech would eliminate the tort of business defamation. Plaintiffs’ arguments are not supported by law or the facts of this case.

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Bluebook (online)
132 F. Supp. 2d 1260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/global-telemedia-international-inc-v-doe-1-cacd-2001.