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Reviews on Escorting Websites

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Throwawayee

Junior Member
What is the name of your state (only U.S. law)? Maryland

Escorting on its own is legal, but any discussion of sexual services contained within an escort advertisement potentially invites prostitution charges. Similarly, if an individual contacts an escort and tries to negotiate prices for sex acts, that becomes solicitation. Websites where escorts advertise do not usually have the ability to post explicit reviews.

Would it be possible to have both reviews and advertisements on the same site without opening the website up to liability? What kind of disclaimers would be required?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Maryland

Escorting on its own is legal, but any discussion of sexual services contained within an escort advertisement potentially invites prostitution charges. Similarly, if an individual contacts an escort and tries to negotiate prices for sex acts, that becomes solicitation. Websites where escorts advertise do not usually have the ability to post explicit reviews.

Would it be possible to have both reviews and advertisements on the same site without opening the website up to liability? What kind of disclaimers would be required?
It is not possible to have both reviews and advertisements on the same site without opening the website up to liability and there is no disclaimer that can prevent legal action from being taken against the site. At most, all disclaimers can do is mitigate damages in the event of a lawsuit.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? Maryland

Escorting on its own is legal, but any discussion of sexual services contained within an escort advertisement potentially invites prostitution charges. Similarly, if an individual contacts an escort and tries to negotiate prices for sex acts, that becomes solicitation. Websites where escorts advertise do not usually have the ability to post explicit reviews.

Would it be possible to have both reviews and advertisements on the same site without opening the website up to liability? What kind of disclaimers would be required?
Do you honestly expect members of a legal forum to assist you in prostitution?:rolleyes:
 

OHRoadwarrior

Senior Member
Unless you are starting your own escort agency, there are plenty of sites that already have a large escort following. You missed the train. It passed through in the 90's.
 

quincy

Senior Member
Do you honestly expect members of a legal forum to assist you in prostitution?:rolleyes:
Although I could be wrong, I think Throwawayee's concern was in having a website with advertisements for legitimate escort services juxtaposed with consumer reviews which might have a sexual theme.

If this is the case, there is cause for concern (although there would be MORE cause for concern if his proposed site involves prostitution as you suggest :)).

A disclaimer cannot prevent reviews of a sexual nature from implying something false about the escort services being advertised on the site and a disclaimer cannot prevent the escort services being advertised from implying something false about the reviewers who post to the site. When false facts are stated or implied, lawsuits can follow.

Although some protection may be offered a web owner under the Communications Decency Act's Section 230, nothing can stop someone from naming a web owner as defendant, especially if the web owner has some control over the choice and placement of the ads and/or contributes to the content of the reviews.
 

The Occultist

Senior Member
What about something like, "Please submit your review. If you wish for your review to be made public, please check the box that acknowledges both a) that you allow us to print your review to the public, and b) that we may alter your comment as we see fit to comply with federal and local laws as well as our own company policies." ?? Certainly that needs some polishing, but would such language allow the the company to change reviews in such a manner that would not interfere with "likeness rights" (or whatever else might apply here)?
 

quincy

Senior Member
What about something like, "Please submit your review. If you wish for your review to be made public, please check the box that acknowledges both a) that you allow us to print your review to the public, and b) that we may alter your comment as we see fit to comply with federal and local laws as well as our own company policies." ?? Certainly that needs some polishing, but would such language allow the the company to change reviews in such a manner that would not interfere with "likeness rights" (or whatever else might apply here)?
What altering the reviews could do is lose for the website owner any protection offered the website under the Communication Decency Act's Section 230.

Unless the website owner knows the laws well and only does minimal (and careful) editing of a review, it can be legally safer for the site owner to do nothing and let all liability rest with the review writer.

There were a couple of suits (at least one involving Roommates.com) where the courts found that Section 230 did not protect the website from liability because the website helped fashion the content. Here is a link to the Reporters Committee for Freedom of the Press that speaks on this: http://www.rcfp.org/browse-media-law-resources/digital-journalists-legal-guide/immunity-reader-comments-under-section-23

Quite frankly, trying to combine on a website legitimate escort ads, with reviews that might be sexually explicit in nature, sounds to me to be a really bad idea.
 
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The Occultist

Senior Member
But of course the advice here is to not allow such reviews in the first place, yes?

Alright, so it's settled: the OP is well advised to not make any such endeavor!
 

quincy

Senior Member
But of course the advice here is to not allow such reviews in the first place, yes?

Alright, so it's settled: the OP is well advised to not make any such endeavor!
Or he can pick different advertisers. :)

It is the combination that I see as causing the most trouble for him.
 
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quincy

Senior Member
Hello, can you describe more however I could understand your words?
I could possibly describe more so you could understand my words, but I would like to know from what country you are posting first. Perhaps I can translate into your language what I said here.

However, if you have a legal concern of your own, similar to the one expressed here by Throwawayee, and you would like your own legal questions or concerns addressed, and if you are in the US, it is better if you start your own thread.
 

FlyingRon

Senior Member
What kind of review am I supposed to give. Desiree was a good companion and if we were to have done something illegal she appeared to be a good lay?
 

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