richard123 said:
Clearing up: You did make it clear that I am not legally liable or responsible for what someone else posts (with the exceptions noted).
What is not clear, however, is this (and it may be because I am not asking the right question):
Should I tell the posters that they should be careful not to post anything about crimes previously committed? Could the post(s) be used in evidence? Can I tell them they can feel free (and safe) to make referenes to criminal activities in the past (with the exceptions you noted)?
I mean, I can certainly tell them that I'll keep the confidence. But can someone else (eg. the police) read the posts and take legal action based on the information?
I get the feeling I'm asking a silly question, but I can't figure out exactly why....
Sorry about taking up so much of your time, IAAL. I really appreciate it.
My response:
Let me address your last statement, first.
You are not "taking up so much of my time." You have an important issue, and it's my pleasure to have you here, and asking your questions. So please, do not feel that I'm being "put upon" by your questions. My quest, by being a contributor to these forums, is to help people like you to understand the laws as best as I am able.
Now, I will try and answer your questions as best as I can.
You asked - -
"Should I tell the posters that they should be careful not to post anything about crimes previously committed? Could the post(s) be used in evidence? Can I tell them they can feel free (and safe) to make referenes to criminal activities in the past (with the exceptions you noted)?"
MY RESPONSE: You have no legal obligation to tell anyone to "be careful" about discussing anything, including past, present, or future crimes.
Since there is no "moderator/writer" privilege in the law, if a law enforcement agency were to ask you, or subpoena you, and any information on your site, you would have an obligation to testify or turn over any documents written by writers on your forum. There are no protections. Therefore, posts could, in fact, be used as evidence. Since there are no protections, your writers can never "feel free" enough in their anonymity to be safe from prosecution.
You then asked - -
"I can certainly tell them that I'll keep the confidence. But can someone else (eg. the police) read the posts and take legal action based on the information?"
MY RESPONSE: You can certainly tell your writers that you'll "keep their confidence", but when the chips fall, that would be an "untruth." As explained above, there is no "moderator/writer" privilege - - unless you're a priest receiving a penitent's sin "Confession", or in a doctor/patient capacity, or you are married to the writer, and all of the pre-conditions for those types of privileges have been met.
So, barring any recognized privileges, then yes, " . . . someone else (eg. the police) [can] read the posts and take legal action based on the information."
Good luck to you, and thanks for your provocative questions.
IAAL