Anti-SLAPP Comments On Newspaper’s Website.

A newspaper has a User Agreement which provides: “The bulletin boards, chat rooms, community calendars, and other interactive areas of the Service are provided to users as interesting and stimulating forums to express their opinions and share ideas and information.  We expect people to differ—judgment and opinion are subjective—and encourage free speech and the exchange of ideas. But, by using these areas of the Service, you are participating in a community that is intended for all of our users. [¶] Therefore, we reserve the right, but undertake no duty, to review, edit, move, or delete any User Content provided for display or placed on the Service, at our sole and absolute discretion, without notice to the person who submitted such User Content.” Plaintiff brought an action against the newspaper “alleging that it breached its user agreement with [plaintiff] by failing to remove comments made on their website concerning [plaintiff].” Instead of answering the complaint, the newspaper filed a special motion to strike under Code of Civil Procedure section 425.15, [the anti-SLAPP statute], which the trial judge granted. In affirming, the appellate court noted the gravamen of the complaint was based on protected activity. (Hupp v. Freedom Communications, Inc. (Cal. App. Fourth Dist., Div. 2; November 7, 2013) 221 Cal.App.4th 398, [163 Cal.Rptr.3d 919].)