Legal Question in Technology Law in California

Internet sites, servers and companies, to the extent we are talking about people including artificial persons such as corporations, do have varying degrees of exposure to suits for defamation (libel and slander) -- not so much because they are likely to be found liable, which is certainly not out of the question -- but more because they are under a constant barrage of suits which they must defend (but usually win), or must assist in investigations, participate in discovery, or respond to subpoenas. Generally, site operators have a defense to the effect that they are the "post office" or the "telephone company" and their role is data transmission, not making scurrilous comments. There have been cases, sometimes affecting how sites run their businesses, where they have lost, or partially lost, or have been scared to death of losing.

So, yes, of you are considering a lawsuit against someone who has defamed you and has used an on-line service to "present" the defamatory material. your lawyer should consider making the on-line service a co-defendant. Whether to do this and how hard to focus on recovery from the on-line service would depend upon a variety of factors, including the extent to which it payed an active (rather than passive) role in creating and publishing the material.

As for disclaimers, in this context I'd say they are pretty useless. I don't know of any rule that allows anyone to defame another and disclaim any intent to do harm. "Sorry, I'm only firing these bullets at you to improve my marksmanship; I hereby disclaim any intent th harm you." Yeah, really.

I am not familiar with "Hot or Not," but a picture, if recognizable as a living person, does not need to be "autographed" in order to affect the person's privacy and other rights.