Online Forum

[lilflower]

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

I joined an online forum a few weeks ago. I was an active poster under an anonymous screen name. I was starting to get disturbed by some of the posts copying innocent people's Facebook Pages, and writing bad things about these people they don't even know! The site's moderator even posts in the forum, and keeps a close eye on the forums. When I stood up for someone on the forum that was also being treated badly I found myself blocked from the site. I wrote the site's creator and moderator whom wrote me back to let me know that she felt I was causing problems with other members and wouldn't elaborate. A few days later I found out from a friend who is on the forum still that including the site's moderator I was called a troll, drama queen and all sorts of things when I was removed from the site. I also was informed that all of my posts, except one that stood up for the site member, were still active. I e-mailed the site moderator and asked that she remove all of my posts from the forum since I am no longer allowed to participate in the forum. She wrote me back and said she wouldn't take down my posts. Is this legal?

I also wanted to know if I could talk to the other people who had their Facebook Posts exploited and made fun of and together we could do a class action defamation lawsuit against the site? My friend is willing to pull all the names of the innocent Facebook Posters for me. There have been 8 in the last week I've been informed. I am aware of the immunity of site moderators for forums and comments on blogs, but I thought that perhaps since the moderator is "joining" in the conversation that took away all immunity? That and the fact she is allowing the defamation to go on, and blocks users that she feels are problematic through their IP addresses.

 

[Proserpina]

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

I joined an online forum a few weeks ago. I was an active poster under an anonymous screen name. I was starting to get disturbed by some of the posts copying innocent people's Facebook Pages, and writing bad things about these people they don't even know! The site's moderator even posts in the forum, and keeps a close eye on the forums. When I stood up for someone on the forum that was also being treated badly I found myself blocked from the site. I wrote the site's creator and moderator whom wrote me back to let me know that she felt I was causing problems with other members and wouldn't elaborate. A few days later I found out from a friend who is on the forum still that including the site's moderator I was called a troll, drama queen and all sorts of things when I was removed from the site. I also was informed that all of my posts, except one that stood up for the site member, were still active. I e-mailed the site moderator and asked that she remove all of my posts from the forum since I am no longer allowed to participate in the forum. She wrote me back and said she wouldn't take down my posts. Is this legal?

I also wanted to know if I could talk to the other people who had their Facebook Posts exploited and made fun of and together we could do a class action defamation lawsuit against the site? My friend is willing to pull all the names of the innocent Facebook Posters for me. There have been 8 in the last week I've been informed. I am aware of the immunity of site moderators for forums and comments on blogs, but I thought that perhaps since the moderator is "joining" in the conversation that took away all immunity? That and the fact she is allowing the defamation to go on, and blocks users that she feels are problematic through their IP addresses.

The forum owner/moderator is absolutely allowed to decline your request for your posts to be removed.

There is certainly no "class action" suit here.

Now, why do you believe the material is defamatory?

 

[Silverplum]

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

I joined an online forum a few weeks ago. I was an active poster under an anonymous screen name. I was starting to get disturbed by some of the posts copying innocent people's Facebook Pages, and writing bad things about these people they don't even know! The site's moderator even posts in the forum, and keeps a close eye on the forums. When I stood up for someone on the forum that was also being treated badly I found myself blocked from the site. I wrote the site's creator and moderator whom wrote me back to let me know that she felt I was causing problems with other members and wouldn't elaborate. A few days later I found out from a friend who is on the forum still that including the site's moderator I was called a troll, drama queen and all sorts of things when I was removed from the site. I also was informed that all of my posts, except one that stood up for the site member, were still active. I e-mailed the site moderator and asked that she remove all of my posts from the forum since I am no longer allowed to participate in the forum. She wrote me back and said she wouldn't take down my posts. Is this legal?

I also wanted to know if I could talk to the other people who had their Facebook Posts exploited and made fun of and together we could do a class action defamation lawsuit against the site? My friend is willing to pull all the names of the innocent Facebook Posters for me. There have been 8 in the last week I've been informed. I am aware of the immunity of site moderators for forums and comments on blogs, but I thought that perhaps since the moderator is "joining" in the conversation that took away all immunity? That and the fact she is allowing the defamation to go on, and blocks users that she feels are problematic through their IP addresses.

Yes, it's legal for the moderator to keep your posts.

Anyone can sue for anything. But your issue is about hurt feelings. Turn off the computer, and it's over. Simple and free.

 

[tranquility]

Was your reputation in the community harmed? How much? (In dollars.)

 

[quincy]

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

I joined an online forum a few weeks ago. I was an active poster under an anonymous screen name. I was starting to get disturbed by some of the posts copying innocent people's Facebook Pages, and writing bad things about these people they don't even know! The site's moderator even posts in the forum, and keeps a close eye on the forums. When I stood up for someone on the forum that was also being treated badly I found myself blocked from the site. I wrote the site's creator and moderator whom wrote me back to let me know that she felt I was causing problems with other members and wouldn't elaborate. A few days later I found out from a friend who is on the forum still that including the site's moderator I was called a troll, drama queen and all sorts of things when I was removed from the site. I also was informed that all of my posts, except one that stood up for the site member, were still active. I e-mailed the site moderator and asked that she remove all of my posts from the forum since I am no longer allowed to participate in the forum. She wrote me back and said she wouldn't take down my posts. Is this legal?

I also wanted to know if I could talk to the other people who had their Facebook Posts exploited and made fun of and together we could do a class action defamation lawsuit against the site? My friend is willing to pull all the names of the innocent Facebook Posters for me. There have been 8 in the last week I've been informed. I am aware of the immunity of site moderators for forums and comments on blogs, but I thought that perhaps since the moderator is "joining" in the conversation that took away all immunity? That and the fact she is allowing the defamation to go on, and blocks users that she feels are problematic through their IP addresses.

The innocent Facebook posters may have some legal actions to consider but I am not seeing that you do. Being called a troll or a drama queen are insults, and are not especially nice comments, but they do not rise to the level of defamation. There is nothing illegal about forum bans. And website owners can (generally) control what stays on their site and what is removed. Their site, their rules.

That said, those who had their Facebook posts published without permission can file DMCA notices with the website, demanding the removal of copyright-protected material pilfered from Facebook. Additionally, if the Facebook posts identified Facebook users by name, there can be civil actions for the Facebook users to consider (possibly defamation, possibly false light) against those who commented on the posts (depending on what was said).

The moderator of the forum would not necessarily be protected from suit by the immunity offered under the Communications Decency Act's Section 230 if s/he helped contribute to (defamatory) content or encouraged the posting by others of specifically (defamatory) content.