Web site liability for 3rd party defamatory posts

This is a discussion on Web site liability for 3rd party defamatory posts within the Internet Law forum, part of the INTELLECTUAL PROPERTY & INTERNET LAW category; [SIZE=3] Hi [/SIZE] [SIZE=3] I am launching a public service, consumer protection blog where people will come and post complaints ...

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Old Jul 28th, 2012, 10:58 AM   #1
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Confused Web site liability for 3rd party defamatory posts

[SIZE=3]Hi[/SIZE]
[SIZE=3]I am launching a public service, consumer protection blog where people will come and post complaints regarding companies online. In the event the person posting the complaint makes defamatory comments regarding a company affecting its business reputation, can I be sued by the company for comments made by a 3rd party eventhough my blog only serves/acts as a medium for individuals to post their complaints ?[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]In other words can a company hold me responsible/liable for posting someone else's complaint or is their only legal recourse against that specific individual, particularly if the user agrees to my disclaimer saying he/she takes full responsibility for what they post.[/SIZE]
[SIZE=3]Thanks[/SIZE]
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Old Jul 28th, 2012, 11:36 AM   #2
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Default Re: Web site liability for 3rd party defamatory posts

I wish to inform you that you may post in the terms of use of your Website that you are not responsible for the content posted on your Website which is the responsibility of the individual user. You may make it mandatory for users to accept the terms of use before entering the Website. In this way, you may safeguard your interests regarding 3rd party defamatory posts.

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Old Jul 28th, 2012, 11:38 AM   #3
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Default Re: Web site liability for 3rd party defamatory posts

Quote:
Originally Posted by pasluc View Post
[SIZE=3]Hi[/SIZE]
[SIZE=3]I am launching a public service, consumer protection blog where people will come and post complaints regarding companies online. In the event the person posting the complaint makes defamatory comments regarding a company affecting its business reputation, can I be sued by the company for comments made by a 3rd party eventhough my blog only serves/acts as a medium for individuals to post their complaints ?[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]In other words can a company hold me responsible/liable for posting someone else's complaint or is their only legal recourse against that specific individual, particularly if the user agrees to my disclaimer saying he/she takes full responsibility for what they post.[/SIZE]
[SIZE=3]Thanks[/SIZE]
Most websites and forums have some kind of disclaimer that advises those that post and read that the statements and opinions expressed are those of the individual poster and do not represent or reflect the views of that particular site, it's staff or support persons, etc. Pretty sure that kind of disclaimer has prevented many a lawsuit and judgment against the sites. Especially in the litigious society we live, a business MUST utilize such tools and methods to protect from the occasional user who suddenly needs to find someone to blame. It's ALL about the "don't blame the messenger" concept.
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Old Aug 3rd, 2012, 10:46 PM   #4
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Default Re: Web site liability for 3rd party defamatory posts

It seems to me that if your website is designed to post complaints about companies, you're inviting trouble. One can easily say that you WANT people to slander other companies because there really is a fine line between between a complaint and outright slander.
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