Announcement

Collapse
No announcement yet.

Liability regarding posts

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • slappy
    replied
    Usually, the potential liability of a Forum owner for the posts of others would be for failure to "retract" and/or "remove" libelious statements when notified by the person or organization alleging the material is "false and/or defamatory."

    Here is one of many articles available on the web on this subject, which references actual case decisions in various jurisdictions:

    http://www.dba-oracle.com/internet_c...rds_forums.htm

    This one also has a good discussion of the various legal concepts involved, including one called "Tortuous Interference," which involves the original posters question about someone posting comments about someone's business.

    http://www.dba-oracle.com/internet_l..._liability.htm

    Try a google search using the following search criteria:

    liability of forum for libelous statements of others

    Regards,
    Last edited by slappy; Fri 21 Sep '07, 11:22pm.

    Leave a comment:


  • Jose Amaral Rego
    replied
    Originally posted by rnmcd View Post
    Printed press gets sued because they are often the publisher and author of the malicious comments.
    You should watch Oprah, as one teacher sued a site and not the student that post the comment. She did win, as the owner of the site controls what is display on site.

    Leave a comment:


  • Freesteyelz
    replied
    Renewed post? Anyway...

    The original question is not clear-cut as we'd like to think. It can go both ways but generally the ownership of the content is with the publisher (poster). In the case for the OP there are 2 clear IFs. Whether the venue (forum) is open to the general public and whether or not the forum owner approves content before allowing them for publication.

    First, forum owners don't necessarily have the control over who enters and the content. It is one of the reasons why "Report Post" and banning options exists. Once the forum owner becomes aware of questionable content then he/she can be held liable along with the poster.

    Another criterion is whether or not the forum's owner(s) approves the posts before allowing them for publication. Such with magazines, newspapers and books to name a few. The editor has control what goes out. If legal action is ever taken here both the author (of content) and publisher (editor) can be held liable.

    There are other factors involved in these type of disputes such as malicious intentions, which has been mentioned a few times in this thread. I can't comment here since I don't know what was posted.

    Leave a comment:


  • rnmcd
    replied
    Printed press gets sued because they are often the publisher and author of the malicious comments.

    Leave a comment:


  • Jose Amaral Rego
    replied
    Owner of forum, if you live in Canada & United States of America. Someone already has sued a board with blog about malicious comments. Printed press gets sued quite often. You are not protected in any such way and you will be a defendant if you keep this on your forum, as you have control over what is said.

    Leave a comment:


  • rnmcd
    replied
    So who is responsible if a member makes a libelous post? The owner of the forum or the member that made the post?

    Leave a comment:


  • Reeve of Shinra
    replied
    I dont know about Canada but in the USA at least your site/forums is classified as an information service (like an ISP) and you are protected to the a certain degree from such legal actions.

    In the US, at most, he would be able to file a request to try to obtain information about the poster(s) in order to establish their identity so they can file said slander suit against them.

    Furthermore, (again in the US) the threat of a lawsuit would allow you to file proactively to dismiss such claims in YOUR local court.

    Lastly, I wouldn't acknowledge the letter or any communication until such time as you received an official legal correspondence via the snail-mail.

    If you feel its in the best interest to remove the thread then that is your perogotive but since the guy came off being a jerk, I would post a thread expressing that several members have had negative experiences at this establishment. Keep it short and sweet and you can easilly remove the slander angle he was attempting to establish.

    Leave a comment:


  • Neal-UK
    replied
    Get your members to prove their comments are true, then let him take it to court.

    Leave a comment:


  • rknight111
    replied
    Thanks for all your response. Its not worth any problems with anyone. But I'll post what I feel about this post and the freedom issue since that applies in Canada too. I see the owner is upset about this which is good, mabie he may realize why he is loosing customers. I will note to the guy that if the topic comes up again and again I wont be removing the content he will have to come on and comment himself to clairify.. I will remove the complete thread at the end of the day..

    RON

    Leave a comment:


  • bboy
    replied
    Originally posted by harmor View Post
    If the negative posts are true and not lies then they can't do anything. Correct me if I'm wrong but if a member said "They sneak into your room and touch your genitals" but is in fact not true then you can be sued.
    You make it sound like that's a bad thing. Find me a hotel where they do that and book me for the weekend!

    Leave a comment:


  • Floris
    replied
    Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of censorship or punishment. The right is enshrined in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless the degree to which the right is upheld in practice varies greatly from one nation to another. In some nations with relatively authoritarian forms of government, overt government censorship is enforced, while among liberal democracies, censorship has been claimed to occur in a different form (see propaganda model) and there are different approaches to issues such as hate speech, obscenity, and defamation laws.

    http://en.wikipedia.org/wiki/Freedom_of_speech

    Leave a comment:


  • ManagerJosh
    replied
    So as long as you are not taking an official stance nor anyone is making an official comment on behalf of your site, I wouldn't worry so much. Kindly point out to the owner that there is a) freedom of speech, but b) that all posts are respective views of their owners.

    Leave a comment:


  • JakeS
    replied
    All depends if its true or false if its false remove it, if their true then they have nothing and you don't have to worry you have one day to decide.

    Leave a comment:


  • Floris
    replied
    "freedom of speech"

    First of all I would read up on what this exactly means. The users on your forum have no freedom of speech. It is YOUR forum and you have the freedom to do whatever you want with the posts they leave on your site.

    If someone asks you to remove content and you agree than you are free to do so. If the user posting the content disagrees; that's it. They only disagree. They can't sue you for removing something that no longer belongs to them. They are the author of the post, but the content of your forum is yours.

    Freedom of speech has nothing to do with this at all.

    Leave a comment:


  • briangumble
    replied
    If it were me I wouldn't remove the posts. I don't succumb to threats that easily. And I highly doubt they can sue you for that.

    Leave a comment:

Related Topics

Collapse

Working...
X