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by Oli on 04 November 2010 - 23:11
Just found this great website covering legal issues on-line. I have been gathering a lot of this information from here and there but this site (referred by Google) sums it all up very nicely.
chillingeffects.org/
I was especially impressed by their defamation page and sections regarding websites : chillingeffects.org/defamation/faq.cgi
I always get threats of legal actions which I throw straight away since I know my rights even if the sender doesn't..
Nice to see it summed up so nicely:
Question: Can an ISP or the host of the message board or chat room be held liable for
defamatory of libelous statements made by others on the message board?
Answer: Not in the United States. Under 47 U.S.C. sec. 230(c)(1) (CDA Sec. 230): "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." This provision has been uniformly interpreted by the Courts to provide complete protection against defamation or libel claims made against an ISP, message board or chat room where the statements are made by third parties. Note that this immunity does not extend to claims made under intellectual property laws.
Question: Must an ISP or message board host delete postings that someone tells him/her are defamatory? Can the ISP or message board delete postings in response to a request from a third party?
Answer: No, they are not required to delete. 47 U.S.C. sec. 230 gives most ISPs and message board hosts the discretion to keep postings or delete them, whichever they prefer, in response to claims by others that a posting is defamatory or libelous. Most ISPs and message board hosts also post terms of service that give them the right to delete or not delete messages as they see fit and such terms have generally been held to be enforceable under law.
I know that the EU has a similar law in effect. I even once got a threat mail from a contractor of the armed forces who threatened me offensive action with the legal ones as his status as a DA court personnel and with his status in the armed forces.
With that guy I forwarded his mail to the US embassy here in Iceland and my lawyer and asked if it was public policy for the US armed forces to engage regularly in actions against website hosts..
Oli
chillingeffects.org/
I was especially impressed by their defamation page and sections regarding websites : chillingeffects.org/defamation/faq.cgi
I always get threats of legal actions which I throw straight away since I know my rights even if the sender doesn't..
Nice to see it summed up so nicely:
Question: Can an ISP or the host of the message board or chat room be held liable for
defamatory of libelous statements made by others on the message board?
Answer: Not in the United States. Under 47 U.S.C. sec. 230(c)(1) (CDA Sec. 230): "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." This provision has been uniformly interpreted by the Courts to provide complete protection against defamation or libel claims made against an ISP, message board or chat room where the statements are made by third parties. Note that this immunity does not extend to claims made under intellectual property laws.
Question: Must an ISP or message board host delete postings that someone tells him/her are defamatory? Can the ISP or message board delete postings in response to a request from a third party?
Answer: No, they are not required to delete. 47 U.S.C. sec. 230 gives most ISPs and message board hosts the discretion to keep postings or delete them, whichever they prefer, in response to claims by others that a posting is defamatory or libelous. Most ISPs and message board hosts also post terms of service that give them the right to delete or not delete messages as they see fit and such terms have generally been held to be enforceable under law.
I know that the EU has a similar law in effect. I even once got a threat mail from a contractor of the armed forces who threatened me offensive action with the legal ones as his status as a DA court personnel and with his status in the armed forces.
With that guy I forwarded his mail to the US embassy here in Iceland and my lawyer and asked if it was public policy for the US armed forces to engage regularly in actions against website hosts..
Oli
by bazza on 04 November 2010 - 23:11
Thanks for the links Oli, makes very interesting reading.
by beetree on 04 November 2010 - 23:11
Great Stuff Oli, thanks for sharing.
Elvis is alive and well, LOL Block your emails accordingly.

by Red Sable on 04 November 2010 - 23:11
"No, they are not required to delete"'
This one is my favourite!
This one is my favourite!

by beetree on 05 November 2010 - 00:11
Why?
by beetree on 05 November 2010 - 00:11
Oh, it says a lot more than that!

by Oli on 05 November 2010 - 00:11
It states for instance that someone could post here that "breeder X sticks needles in his dogs paw before shows and drowns dogs that don't perform well" and even though breeder X would win a libel case against the poster, I am still not required to delete the post.
No matter what anyone says about anyone, I am not required by law to remove it.
Even though that particular post would be number 1 in google search for the term "Breeder X" or simply "X". Still not required to delete.
No matter what anyone says about anyone, I am not required by law to remove it.
Even though that particular post would be number 1 in google search for the term "Breeder X" or simply "X". Still not required to delete.

by nonacona60 on 05 November 2010 - 00:11
I said basically, but yes it can say whatever a person interprets it to say..


by nonacona60 on 05 November 2010 - 00:11
If breeder X asks for it to be removed, it is at your discretion if you want to remove it or not....Correct?
by beetree on 05 November 2010 - 00:11
No it says what it says and the interpretations are individual.
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