Maintaining Website

[slinkeey]

What is the name of your state (only U.S. law)? WI

Hello,

I maintain a website for a friend of the family that does not know about the Internet. The website started out as a campaign website because he was running for town board. I just do it as a favor when I have time to putz around. I basically use it to brush up on my PHP skills.

After this, he really enjoyed having a web presence so he had me convert it to a watchdog website. He mails me articles, letters, legal documents, police reports and etc. He also communicates with me via phone on what he wants on there.

I am just worried that things have gotten out of control because strong words like, extortion, shakedown, racketeering and influenced, to name a few have been used in his letters. I am not sure if he is slinging mud. I want to believe that he is truthful with his postings on how these local politicians have tried to ruin his livelihood and business for decades. I don't really know anything about the people that he has a problem with.

He assures me that everything is true. I believe that I really need to look out for my best interest.

Thank You

 

[Hot Topic]

What is the name of your state (only U.S. law)? WI

Hello,

I maintain a website for a friend of the family that does not know about the Internet. The website started out as a campaign website because he was running for town board. I just do it as a favor when I have time to putz around. I basically use it to brush up on my PHP skills.

After this, he really enjoyed having a web presence so he had me convert it to a watchdog website. He mails me articles, letters, legal documents, police reports and etc. He also communicates with me via phone on what he wants on there.

I am just worried that things have gotten out of control because strong words like, extortion, shakedown, racketeering and influenced, to name a few have been used in his letters. I am not sure if he is slinging mud. I want to believe that he is truthful with his postings on how these local politicians have tried to ruin his livelihood and business for decades. I don't really know anything about the people that he has a problem with.

He assures me that everything is true. I believe that I really need to look out for my best interest.

Thank You

It doesn't matter if he assures you that everything is true. You have his assurance but no proof.

You could easily get in trouble for his vendetta against the politicians he claims have tried to ruin his livelihood and business "for decades." Stop NOW!

 

[quincy]

Whether you can be held liable for any content appearing on your web site really depends on how your website is set up, slinkeey, and how involved you are in creating or controlling what content appears on the site.

The Communications Decency Act §230 will generally provide immunity from suit to web site owners who host material posted by others. The person who will ultimately be held responsible for any defamatory material appearing on the site will be the creator of the defamatory material and not the website owner. In other words, if the family friend writes something defamatory and he posts it to the website you created, it will be the family friend who will be held liable for defamation and not you.

However, CDA's section 230 is not an absolute immunity, and if a website owner is involved in the creation or control of the content on the site, he could still be sued successfully for what appears on the site. The fact that this friend is "passing on" information to you and then having you post it to the site makes your involvement more than that of just a passive webhost.

This can be especially problematic because content that accuses identified others of extortion or racketeering or other crimes would be defamatory if false. The communicator of such accusations would need to prove the truth of those statements to avoid a defamation suit loss.

Finally, even if you have NO involvement with the content, you can still be sued or named as a co-defendant in any suit that may arise over the content on the site, anyway. Nothing prevents someone from including a website owner in a suit against a website. So you could potentially have the expense of defending yourself in a lawsuit, even if the suit against you is eventually found to have no merit.

I suggest you have an attorney review the website and its content, and all of the facts of your involvement with the site. The attorney can better advise you after this review but, based strictly on what you have posted here, your arrangement with this family friend sounds to me like a legally risky one for you.

I think Hot Topic's advice to "Stop NOW" is good advice to follow, although stopping your involvement with your friend and the website now may not stop a lawsuit from being filed against you over what has already appeared on the site.

Good luck.