ACSBlog: The Blog of the American Constitution Society: Federal Court Reaffirms Immunity of Bloggers from Suits Brought Against Commenters…
In Universal Communication Systems v. Lycos, a company who had allegedly been victimized by defamatory statements on a message board regarding the value of its stock sued Lycos, which operated the board. The message board allowed users to post comments with minimal moderation, and no one from Lycos was responsible for the allegedly defamatory statements.
Examining the impact of Sec. 230 on this case, the court noted that "Congress intended that, within broad limits, message board operators would not be held responsible for the postings made by others on that board," adding that allowing bloggers and message board operators to be sued for the statements of commenters on their sites would have an "obvious chilling effect" on speech. Accordingly, the court dismissed the complaint against Lycos.
DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
3 comments:
Joe-
Since you moderate posts, and in effect have control over that content, you should be held responsible for the comments of others.
Comment moderation has been enabled. All comments must be approved by the blog author.
If you wish to not be held accountable I'd suggest removing moderation of comments.
RE: 9:21
Joe you have stated many times your invested time screening comments. Therefore you do in fact maintain responsibility for content. If ALL comments were posted (excluding profanity and threats) inclusive of pro and con remarks to your opinion, you would be operating within the scope of this ruling.
However if a commentator was to PROVE a response was sent and NOT posted, you are held liable for content. As stated below the key words are "MINIMAL MODERATION"
In Universal Communication Systems v. Lycos, a company who had allegedly been victimized by defamatory statements on a message board regarding the value of its stock sued Lycos, which operated the board. The message board allowed users to post comments with minimal moderation, and no one from Lycos was responsible for the allegedly defamatory statements.
Your exposure to culpability (deserving blame or punishment for wrong) is magnified by your admitted comment editing.
And besides legal responsibility there is a moral code of decency juries are swayed by.
1 - LYCOS owns the message board. In the same respect that BLOGNET owns the message medium that SBYNEWS,COM presents itself on. SBYNEWS.COM is a guest of this service. Much the same if you host a party at your house and one of your guests harms another person the ultimate blame is on the perpatrator NOT the property owner.
2 - "The message board allowed users to post comments with minimal moderation". SALISBURY NEWS.COM admitted JOE ALBERO screens ALL comments.
3 - ", and no one from Lycos was responsible for the allegedly defamatory statements.". The reason no one from LYCOS was responsible is because ALL comments were posted.
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