Forum post liability

am i liable for posts by members?

[numbchuckskills]

If using a package such as phpbb, am i liable for any slanderous or inappropriate content posted?

[rogerd]

Hi, Numb. While the law has sided with forum operators when a user posts defamatory material, you should have a strong TOS statement indicating that the forum owner, admins, mods, etc. aren't responsible, and also prohibiting your members from posting any kind of illegal content. In addition, provide contact information where copyright infringements and other problem posts can be reported.

You can probably find some good TOS samples at other forums, but you should have your attorney check over your final product.

[rogerd]

I'd add that being "in the right" legally doesn't make it certain you won't be sued. It's definitely a good idea to remove anything slanderous as soon as you spot it or whenever it is called to your attention.

[FourDegreez]

American? Familiarize yourself with your rights and responsibilities under the DMCA. For you to avoid legal liability for copyrighted material, you must follow the rules layed out therein. Also note:

Prior to the Communications Decency Act, if you moderated your user-submitted content in any way, you were legally considered to have editorial control over the content and thus be liable for it. Obviously it makes no sense to penalize forum owners in this way. So the "Good Samaritan" clause was enacted into law, and it states:

1. No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

2. No provider or user of an interactive computer service shall be held liable on account of –

a) Any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or

b) Any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1)

[numbchuckskills]

thanks for all the great advice :)

I'll let you know of any developments

[Webwork]

"Inappropriate"?

Like copyright violations? Like revealing trade secrets? How about revealing identifying information / location information about someone who is in protective living arrangements, like a battered wife? What about soliciting minors?

If you "do nothing" in each of the above situations is the DMCA your all issues safe harbour?

IMHO the DMCA is not a one size protects all against all issues and situations and claims law.

Have you ever edited posts? How does that play into the DMCA?

I keep coming back to take another look at the DMCA because I'm not comfortable with the idea that it makes forum owners into Superman. Even he had to deal with kryptonite.

Talk to a lawyer familiar with the many issues of running a forum and anticipate possible issues and craft a strong TOS.

[Gargen]

if you dont feel comfortable with having it on your site then get rid of it and make sure you admins and mods are on the same page as you.

[etechsupport]

This is the prime responsibility of admins, mods and even the members to keep the forums always 'on topic'.
The admin and the mods can delete the posts with warning to particular members and eventually can ban any members who promote filthy, excessively violent, harassing, cracks, warez, porn, hate etc to the forum.