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.

Create new topic

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

25 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.

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:




News »

Trending now »
Hot discussions in our forums right now:

Hierarchy of a mistake: Gerry Brownlee
Created by joker97, last reply by nathan on 26-Jul-2014 04:30 (68 replies)
Pages... 3 4 5


Geekzone giveaway: Thecus N2310 NAS
Created by freitasm, last reply by ottenpat on 25-Jul-2014 21:15 (89 replies)
Pages... 4 5 6


MH 17 "shot down" all dead
Created by joker97, last reply by ScuL on 24-Jul-2014 21:40 (203 replies)
Pages... 12 13 14


Is chorus going to deliberately slow adsl internet down
Created by rugrat, last reply by richms on 25-Jul-2014 20:35 (51 replies)
Pages... 2 3 4


Huge Fuss, didn't even make it a year.
Created by networkn, last reply by Glassboy on 22-Jul-2014 19:50 (121 replies)
Pages... 7 8 9


Skinny's new aggressive ad campaign
Created by Yabanize, last reply by Yabanize on 22-Jul-2014 23:35 (52 replies)
Pages... 2 3 4


Giving notice
Created by IlDuce, last reply by kharris on 24-Jul-2014 17:36 (15 replies)

Sickening floral smell in car, What next?
Created by TimA, last reply by eracode on 26-Jul-2014 02:44 (44 replies)
Pages... 2 3



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.