Welcome to WebmasterWorld Guest from 54.147.10.12

Forum Moderators: rogerd

Message Too Old, No Replies

Judge Confirms: Unfiltered UGC Not Libel for Site Owner

     
12:28 pm on Sep 2, 2010 (gmt 0)

Administrator

WebmasterWorld Administrator rogerd is a WebmasterWorld Top Contributor of All Time 10+ Year Member

joined:Aug 2, 2000
posts:9685
votes: 0


Good news for community operators: a US District Court judge has reaffirmed the basic principle that libelous comments create liability for the person who posted them and not the site operator.

"Persons who claim that they were harmed by a website's publication of user-generated content may sue the third-party user who generated that content, but they may not sue the interactive computer service that enabled the third-party user to publish the content online," Guirola wrote. "Thus, an interactive computer service is entitled to immunity as long as it did not create or author the particular information at issue."
Full story [mediapost.com]
1:59 pm on Sept 2, 2010 (gmt 0)

Moderator

WebmasterWorld Administrator buckworks is a WebmasterWorld Top Contributor of All Time 10+ Year Member

joined:Dec 9, 2001
posts:5612
votes: 22


may sue the third-party user


Problem: that's only possible when the identity of said third-party user is known, and only practical said third-party user lives within reach of applicable laws.
3:04 pm on Sept 2, 2010 (gmt 0)

Senior Member

WebmasterWorld Senior Member 10+ Year Member

joined:Dec 20, 2004
posts:2377
votes: 0


Problem: that's only possible when the identity of said third-party user is known, and only practical said third-party user lives within reach of applicable laws.


Correct, as is the case with any crime.
11:48 pm on Sept 2, 2010 (gmt 0)

Senior Member

WebmasterWorld Senior Member sgt_kickaxe is a WebmasterWorld Top Contributor of All Time 5+ Year Member

joined:Apr 14, 2010
posts:3169
votes: 0


Freedom of speech can be a bummer huh. You can't shut people up by going after the medium they use :-)

Silly lawsuit.
4:37 pm on Sept 3, 2010 (gmt 0)

Senior Member

WebmasterWorld Senior Member 10+ Year Member

joined:Jan 30, 2001
posts:1739
votes: 0


There will never be a shortage of people wanting to use whatever coercive force is within reach, to suppress any voice they don't approve. But it's only the most evil people (medieval churchmen, communists, RIAA goons) that want to suppress entire technologies and social arrangements which MIGHT be used by someone they wouldn't approve.

In related news, civil engineering firm accused of facilitating drive-by shootings.
8:54 pm on Sept 4, 2010 (gmt 0)

Senior Member

WebmasterWorld Senior Member 10+ Year Member

joined:July 25, 2005
posts: 989
votes: 1


ok, so according to u.s. legislation, every website with an input field is an "interactive computer service" that's free from liability for that content, right?
10:27 pm on Sept 4, 2010 (gmt 0)

Senior Member from US 

WebmasterWorld Senior Member tangor is a WebmasterWorld Top Contributor of All Time 10+ Year Member Top Contributors Of The Month

joined:Nov 29, 2005
posts:6160
votes: 284


There are still caveats to the ruling... there remains in common law "intent" and "knowledge", and "abet" which if can be proved, will make the content provider liable. This ruling is NOT a get out of jail free card...