Forum Moderators: rogerd
The common theme seems to be that you can basically post
most anything you please and you are protected by freedom
of speech laws and that you're immune from prosecution over
postings by a third party on your forum/blog.
Wrong.
If you're truly concerned with this and want to learn what
the boundaries are for your own protection, go to the source
which in this case are the legal statutes. Trusting the opinion
of a complete stranger on a message board with your freedom
and your life....well, lets just say...that's not too smart.
Read articles that cite case law...
"The laws suggest that one who publishes a false statement harmful to the interests of another is subject to liability for pecuniary loss resulting to the other, as noted in Nesewat v Salem (1999 FED App. 0119P (6th Cir.)"
[edited by: rogerd at 6:24 am (utc) on Oct. 17, 2009]
[edit reason] no URLs or specifics, please, per TOS [/edit]
Personally, I'd advise forum operators to remove potentially libelous material regardless of their "rights" - it's good business.
However, the point Im trying to make as someone whose
been there - done that, is that most individuals vastly
overstate their supposed "rights" out of ignorance of fact.
I would be the first in line to advocate publishing information
concerning true cybercriminals, fraudsters, scammers, crooks, etc. to run them out of business.
However, every intelligent person reading this knows full well that there are unstable people in this world who will target others for no legit reason either for fun, sport or some misplaced sense of "justice".
Example:
If in your years of marriage to your wife you neglected to show her the proper attention and kindness she desires and she in turn leaves you for another bloke...although somewhat debateable, I would argue thats your own fault. You dont have the right to go online and attempt to destroy her reputation or her life...or that of the other guy for that matter...just because you're angry.
The point being there are always 2 sides to every issue that
have to be considered equally. Just as freedom of speech should be protected...so should the individual's fundamental rights be protected as well.
[edited by: macgregor at 7:08 am (utc) on Oct. 17, 2009]
Personally, I'd advise forum operators to remove potentially libelous material regardless of their "rights" - it's good business.
Ironically, if a plantiff is able to show conclusively [not difficult] that moderating and editing of posts is taking place on the board, that actually furthers to show active participation, thus blowing a hole in the common defense of only serving as a conduit of information.
However, your original suggestion is a good one nevertheless.
If you're diligent in removing potentially hazardous materials
then you've likely nothing to worry about anyway.
You can always be sued, and if your opponent is well-financed, they can prolong the case until your resources are exhausted.
Correct. A large percentage of actions arent even about right, wrong or blame. They're about your removal from existence. A well-heeled chap can tie you up until you're ruined...just because he can.
