I, Brian
09-20-2005, 04:46 AM
What cases already exist to set precedents for determining liability for third party comments on websites, in both the US and UK?
There has been a lot of discussion already about the SEO Book and Traffic Power case (http://showthread.php?t=7539) - however, one issue that I've not seen well related is known liabilities for webmasters with regards to third party comments.
While the WSJ highlighted (http://online.wsj.com/public/article/0,,SB112541909221726743-mVzkKuCzJYZr6fxe38o5ejK_1jA_20060830,00.html?mod=r ss_free) that there may be room to test US law with regards to liability for blog comments, there is a danger that the TP case is too flimsy to test the issue.
I believe that the Motley Fool and Friends Reunited have had claims made against them in this way, but I'm having difficulty locating the stories.
Reason I ask is that I have a different company sabre rattling over consumer compliants regarding its sales process on one of my forums, calling it "internet smearing", and it's reached a point where I'm going to have to take legal advice.
However, I figure most other forum admins and similar are equally uncertain as to the extent of their liabilities - so any information on liability issues - both for the UK and USA - wold be most appreciated as a background.
There has been a lot of discussion already about the SEO Book and Traffic Power case (http://showthread.php?t=7539) - however, one issue that I've not seen well related is known liabilities for webmasters with regards to third party comments.
While the WSJ highlighted (http://online.wsj.com/public/article/0,,SB112541909221726743-mVzkKuCzJYZr6fxe38o5ejK_1jA_20060830,00.html?mod=r ss_free) that there may be room to test US law with regards to liability for blog comments, there is a danger that the TP case is too flimsy to test the issue.
I believe that the Motley Fool and Friends Reunited have had claims made against them in this way, but I'm having difficulty locating the stories.
Reason I ask is that I have a different company sabre rattling over consumer compliants regarding its sales process on one of my forums, calling it "internet smearing", and it's reached a point where I'm going to have to take legal advice.
However, I figure most other forum admins and similar are equally uncertain as to the extent of their liabilities - so any information on liability issues - both for the UK and USA - wold be most appreciated as a background.