Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.



128 posts

Master Geek
+1 received by user: 1


Topic # 111816 15-Nov-2012 18:47 Send private message

As part of a uni project I am suggesting that our client set up a discussion forum like Geekzone for their community. Is there any specific law that protects commercial/not for profit forum owners here? Have there been any known problems...? Are they legally responsible for the posts of their community?
Any information and advice appreciated.

View this topic in a long page with up to 500 replies per page Create new topic

This is a filtered page: currently showing replies marked as answers. Click here to see full discussion.

26 posts

Geek
+1 received by user: 3


  Reply # 718491 16-Nov-2012 20:51 Send private message

That is not my understanding.

(Disclaimer: What follows are general comments only - please do not rely on them as a substitute for legal advice. For all you know I am making this up.)

A publisher that has no knowledge (and can't fairly be said to ought to know) that defamatory material has been posted is not liable. It's the same reasoning that gives ISP a way out. Where a person moderates comments before they are posted, then the inference that they ought to know is easier to make (although, I would argue, not guaranteed). 

From that case:

 But it seems to me that there must be some action that amounts to a promotion of, or ratification of, the continuing presence of the defamatory material on the website.

The issue in the instant case is whether it can be said that the first defendant knew about the material on the website, occupied such a position vis a vis the website that it could have prevented the continued publication of the material and, by its inaction, associated itself with the publication in such a way that it apparently adopted or ratified the publication in the strict sense. 


It follows that a site that reviews all comments before posting takes significantly more risk. There is still risk for sites that don't review comments, and as far as I know the point hasn't been finally decided. But I would take the above as starting authority for the proposition that an owner of an unmoderated board, where the owner or operator has been given no notice of any allegedly defamatory material (and wouldn't otherwise be expected to know) is not liable for defamation.

View this topic in a long page with up to 500 replies per page Create new topic




Twitter »
Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





Trending now »

Hot discussions in our forums right now:

Speed limit when overtaking? Teach me please.
Created by nakedmolerat, last reply by LennonNZ on 25-Oct-2014 21:43 (88 replies)
Pages... 4 5 6


House Auctions
Created by t0ny, last reply by Elpie on 25-Oct-2014 21:05 (39 replies)
Pages... 2 3


VDSL, which router/modem sub $200?
Created by TeaLeaf, last reply by NonprayingMantis on 25-Oct-2014 19:48 (28 replies)
Pages... 2


Neon - Sky's new streaming service
Created by JarrodM, last reply by JimmyH on 25-Oct-2014 17:37 (29 replies)
Pages... 2


iPad Air 2 and iPad Mini 3. Gonna get one?
Created by Dingbatt, last reply by tungsten on 25-Oct-2014 20:22 (115 replies)
Pages... 6 7 8


5Ghz AP recommendations?
Created by ubergeeknz, last reply by sbiddle on 24-Oct-2014 12:42 (12 replies)

Snap have failed our company!
Created by dafman, last reply by kornflake on 23-Oct-2014 17:41 (37 replies)
Pages... 2 3


Thief taunts 12 year old via stolen laptop
Created by macuser, last reply by charsleysa on 22-Oct-2014 23:49 (12 replies)


Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.

Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.