Mathias, J.
Jeffrey M. Miller and Cynthia S. Miller (“the Millers”) appeal the Marion Superior Court’s grant of summary judgment in favor of Federal Express Corporation (“FedEx”) and 500 Festival, Inc. (“500 Festival”) on the Millers’ claim of defamation and intentional infliction of emotional distress. The Millers appeal, claiming: (1) that the Defendants failed to preserve evidence, and (2) that the Defendants are not immune from suit under the federal Communications Decency Act.
We affirm
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Thus, Congress made a policy choice not to deter harmful online speech through the separate route of imposing tort liability on companies that serve as intermediaries for other parties’ potentially injurious messages. Id. This is so because interactive computer services have millions of users, and the amount of information communicated via interactive computer services is “staggering.” Id. “The specter of tort liability in an area of such prolific speech would have an obvious chilling effect. It would be impossible for service providers to screen each of their millions of postings for possible problems.” Id. Congress considered the weight of the speech interests implicated and chose to immunize providers of interactive computer services to avoid any restrictive effect. Id. This does not mean, however, that the party who actually posts the defamatory message can escape liability. Id. But Congress made a policy choice not to deter harmful online speech through the separate route of imposing tort liability on companies that serve as intermediaries for other parties’ potentially injurious messages. Id. at 330-31.
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Here, the designated evidence clearly establishes that both 500 Festival and FedEx provide or enable computer access for multiple users on their respective computer networks to access the Internet by means of the servers on each network. We conclude that this is all that is required under Section 230(c)(1) to be considered a provider of an interactive computer service.
Of course, simply because the defendants here have established that they are providers of an interactive computer service does not mean that they are automatically immune from suits. Section 230 of the CDA does not provide blanket immunity for providers of an interactive computer service. Instead, it protects such providers only from claims which seek to hold the provider as a “publisher.” Delfino, 52 Cal.Rptr.3d at 388; see also Craigslist, Inc., 519 F.3d at 669 (explaining that Section 230(c) “cannot be understood as a general prohibition of civil liability for web-site operators and other online content hosts.”). Instead, for a defendant to claim the protection afforded by Section 230 of the CDA, it must establish three elements: (1) that the defendant is a provider or user of an interactive computer service; (2) that the cause of action treats the defendant as a publisher or speaker of information; and (3) that the information at issue is provided by another information content provider. Delfino, 52 Cal.Rptr.3d at 388 (citing Gentry v. eBay, Inc., 121 Cal. Rptr. 2d 703, 714 (Cal. Ct. App. 2002)).
We have already concluded that both 500 Festival and FedEx are providers of an interactive computer service. And it is clear that the information at issue—the comments posted to the IBJ website—was provided by another “information content provider,” which is defined as “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet[.]” 47 U.S.C. §230(f)(3). FedEx’s unknown user and 500 Festival’s known employee, Wilson, easily fall within this definition.
The final question then is whether the Millers’ cause of action treats the defendants as publishers of the information. The Millers’ complaint clearly seeks to hold 500 Festival and FedEx liable for what they published. See Appellant’s App. p. 87 (“Mr. Wilson, 500 Festival, Ms. Hanlon, Mr. Leagre, Ms. Leagre, FedEx, Does #1-3, Mr. Burk, Ms. Steege, Mr. Starr and Ms. Starr, individually and/or in a concerted action among some or all of the Defendants, published unfounded statements regarding misuse of funds and other criminal and/or lewd acts on the IBJ website, the Indianapolis Star website and WRTV-6s website”); id. at 88 (same); id. at 89 (same). And despite their references to other doctrines, such as respondeat superior, the Millers’ actual complaint seeks to hold 500 Festival and FedEx liable as publishers of the statements. Thus, their claims are barred by Section 230(c) of the CDA. See Delfino, 52 Cal.Rptr.3d at 389; Lansing, 980 N.E.2d at 637 (both holding that employers were protected by Section 230(c)(1) from suits seeking to hold them liable for the actions of their employees while using the employers’ computer networks to access the internet). Accordingly, the trial court properly granted summary judgment in favor of 500 Festival and FedEx.
Conclusion
Although there may have remained a genuine issue of material fact concerning spoliation of evidence under state law, the trial court properly granted summary judgment in favor of 500 Festival and FedEx, finding each to be sued in their capacity as a publisher of the information at issue and concluding that, as such, these defendants were immune from the Millers’ claims under Section 230(c) of the federal Communications Decency Act because these defendants are providers of an interactive computer service.
Affirmed.
BAILEY, J., and BRADFORD, J., concur.