Forum Moderators: LifeinAsia
I have received a request to remove certain posts containing such material, and I will honor those requests, but I just want specific case law or statutory authority to say "I will remove them, even though I am not legally required to do so."
Any help?
That said, get a lawyer. Yes, local will be the big problem, but some issues may span international. That's why you need a lawyer!
forum owner is NOT responsible for his visitors' copyright violations or illegal activity occurring on the forum.
There is tort law which DOES hold the publisher liable. Look at several cases regarding newspapers publishing articles defamatory of others, etc. Additionally, IF illegal activity occurs on the premises (ie, theft, planning a crime, a whole host of others, etc.) and the owner does nothing, the owner can be held liable. Free speech does have limits (You can't yell "Fire!" in a crowded theater, for example). And if you have knowledge of a crime you are required to report it. Failure to do so makes you party to the crime.
Thus, if the actions of the forum members rises to the level of illegal activities, the owner should take immediate action, or will be held liable for damages.
Do bear in mind that many types of civil action result in case law that does not produce a legal requirement. When a court awards damages, that does not necessarily mean that for someone else to do the same thing is illegal, it often just means that they too should expect to compensate the injured party in much the same way.