Forum Moderators: rogerd
I run a forum which quite often gets reasonably heated. Most of the people posting are intelligent adults who can make a point without resorting to abuse etc.
As a rule we try not to edit or remove posts.
Anyway the problem is somebody has posted something that inferrs certain things about the paternity of a member of the British royal family(!) At the end of the day there is no proof for any such allegation but on the other hand I don't want to start editing posts for the sake of it.
Does anybody know the legal ins and outs of forums?
Like most areas of law, things aren't always black and white with libel, forums, etc. I would definitely put up a well-crafted disclaimer that posts are the responsibility of the person making them, that the forum operator can't monitor every post, and whatever else your lawyer recommends. (Get ideas by visiting a variety of forums and reviewing their TOS and disclaimers.)
Where it could get sticky is if a member makes statements disparaging a firm and some other condition exists. What if one of your mods replies to the poster? Or worse, agrees? What if the firm complains to you and you fail to act?
Of course, even if you do everything perfectly someone can STILL sue you. Even if you prevail eventually, suits can sap your time and financial resources. So, disclaim everything and be diligent; you won't be immune from problems, but you'll improve your odds.
I try to let my users have their rein, but some posts could put you not only at some legal risk, but also the risk of starting flame wars and/or losing members.
I will edit a post if I think it might run off users or reflect badly on my website. That's not just for the sake of editing, it's for the sake of the integrity and future life of my site.
Here is a line from my TOS that I use on all my forums:
This is our website. You can have freedom of speech as long as we don't get worked up about what you say or the way you say it. If you post something that we feel doesn't belong, we reserve the right to censor, slash and burn, rant and rave, and delete anything we want to.
Thanks for the other advice I'll put together a more comprehensive disclaimer.
Thanks for the other advice I'll put together a more comprehensive disclaimer.
A disclaimer is not the law. You cannot point to your disclaimer and say to the judge, "But I have a disclaimer!" Your local laws apply. Where are you?
Probably the best you can ever do is have a well thought out TOS, including a policing and enforcement policy, a jurisdiction and dispute policy, and an effective system for reporting violations or abuse.
A prompt 'fix' may not immunize you but it will go a long way to either reducing the risk or the effect of a claim. Heaven forbid a claim is ever filed a judge (and jury) will be more likely sympathetic to the forum operator who took prompt well reasoned action. This is where having a written and published policy in place that anticipates problems can save you a measure of grief.
