In a decision with potentially large ramifications, New York Federal Judge LaShann DeArcy Hall won't dismiss a libel suit against "Shitty Media Men" creator Moira Donegan.
Explaining, the judge says it is possible that Donegan created the entry herself. The judge believes that Elliott should be able to explore whether the entry was fabricated. Accordingly, discovery proceeds, which will now put pressure on Google to respond to broad subpoena demands. The next motion stage could feature a high-stakes one about the reaches of CDA 230.
Zero Tolerance Policies Are Stupid
But, that being said, there is something monumentally more stupid that zero tolerance policies, and that’s having one, and then not following it. I can’t imagine what Tod will say when he sees this story except, “Arrgh!”
Look, regardless of how terribly bad (or not) a person feels about their violation of a policy, there’s the policy. It’s right there. And your feelings, as the perpetrator, aren’t the important thing… or even a relevant thing. You’re the one that broke the policy.
An organization has responsibilities to its constituency. And when you, as an organization, write a zero tolerance sexual harassment policy and then someone violates that policy, you have two choices.
You can live up to the promises you made to the constituency – including the perpetrator! – or get prepared to eat a big pile.
(side note: even under a more nuanced sexual harassment policy, this guy acted like a turd and deserves to get the book thrown at him)