Forum Moderators: phranque
Regards Ian
So step one is to review your site content. To protect yourself you need to make sure you have only verifiable facts about the case on the site. It is not defamation to tell the truth about someone, but you must be able to prove that truth. The big problem with defo is that in most cases it pushes the onus of proof onto the defendant, to prove that their actions were legitimate, which is unlike most other actions where the burden of proof is on the plaintiff.
Simply the word of the prisoner, is not sufficient to prove the truth of a fact, unless the site reports it as :prisoner name: has said that "insert quote".
Unfortuneately with most Court cases, especially civil proceeding, money wins.
Moving your site out of the jurisdiction, is probably wise, as it increases the families cost to bring the action (which may be a deterent), but you really would need to get good legal advice, as there have now been several precendent cases where the fact that a site is viewable within a jurisdiction is considered 'publishing' in that jurisdiction. So if you host your site in the Carribean but you are a UK webmaster, and the family views the site in the UK, they could still proceed in the UK Courts.
I know that France did it with Ebay, and an Australian in Victoria did it against a US website. So do tread carefully.
The main advantage of overseas hosting is that it is harder for a jurisdiction to raid the datacenter and impound the tapes and hard-drives. However the threat of legal action is normally enough to get you shut down.
Kerry
[katzglobal.com...]
Regards