On July 11, 2023, a trial court in the State of Washington issued a groundbreaking opinion1 which provides employers with a legal path to protect their employees from online abuse and harassment from third parties suffered while performing their employment obligations. The court declared that companies can recover damages and expenses incurred from investigating and taking protective measures against individuals who have targeted company employees with harmful online behaviors such as “doxing,” “trolling,” cyberstalking, and other methods of online and telephonic harassment. This decision sets an important precedent that empowers employers to hold wrongdoers legally accountable for harmful actions directed at their employees over the internet and through similar mediums.
What Was the Case About?
Destiny 2 is a Massively Multiplayer Online (MMO) video game developed by Bungie Inc. (Bungie), which has tens of millions of players worldwide. Bungie employs “community managers” who foster a sense of community among Destiny 2 players through direct interaction and promotion of game-related content. As part of his job duties, Bungie community manager “D. Doe2” promoted the Destiny 2-themed artwork of UhMaayyze, a Black artist and a fan of the game.
Jesse James Comer, the defendant in the case and a Destiny 2 player, was infuriated by D. Doe’s promotion of artwork created by a person of color. In retaliation, Comer retrieved the personal phone numbers of D. Doe and D. Doe’s wife, and proceeded to harass the couple with several racist and menacing phone calls and text messages. Comer also sent an unsolicited pizza delivery to the couple’s home to demonstrate his knowledge of their location and to intimidate the couple. D. Doe was forced to take a leave of absence from work as a result of Comer’s harassment, and Bungie incurred significant costs in investigating the harassment and taking measures to protect D. Doe and other community managers from further harm resulting from online abuse and harassment.
The court found that Bungie had an actionable claim against Comer under several theories of tort law in the State of Washington, including i) interference with Bungie’s contractual relations with D. Doe, ii) nuisance, iii) violation of Washington’s Consumer Protection Act, iv) invasion of privacy, and v) intrusion upon seclusion. The court granted Bungie’s motion for default judgment in its case against Comer, making Comer liable for nearly $500,000 in damages and legal expense.
Why Is This Case Important?
The court’s ruling provides employers with a legal path to sue in civil court to recover damages and expenses incurred as a result of the employer’s attempts to curtail the online harassment of its employees, whenever such harassment is a direct result of the employee’s job duties. Prior to this decision, victimized employees were required to pursue legal action directly against their harassers and bear the financial and emotional costs of doing so themselves.
What Are the Takeaways?
Although the ruling in this case is not binding on other courts and limited to Washington state law, parties in other states may use this ruling as persuasive argument in similar actions in other jurisdictions. Other online gaming and media companies may choose to follow Bungie’s lead in pursuing relief and protection on behalf of employees who become victims of online harassment as a result of their employment, and who may lack the financial and legal resources to seek protection themselves. If more employers adopt this practice, the tide might shift in the battle against the anonymous harassment and cyberstalking that has become prevalent in the gaming community and across the internet at large.
Please do not hesitate to contact any member of Wilson Sonsini's internet strategy and litigation practice. For more information about gaming companies generally, please contact any attorney of the firm’s electronic gaming practice and learn more about the practice by reading The Scramble.
Daniel Xo and Kristin Bradley contributed to this Wilson Sonsini Alert.
[1] Bungie, Inc. v. Jesse James Comer, Case No. 22-2-10761-8 SEA, King County Superior Court.
[2] Bungie kept the name of its employee anonymous in its complaint to protect against further harassment.
