Forums Legal Responsibility

[Fiji]

What is the name of your state? Texas

I recently started a confessions Instagram account, and it got pretty out of hand, with people submitting forms saying they were sexually assaulted/raped. I do not want to get in trouble if these accusations are false, so I think I found an alternative but need to know if it will work. I am going to create a forum, and make it clear that the owner of the site is not responsible for anything posted on the site, the only responsible person, is the poster themselves. I will make sure everyone is anonymous, all users and the owner will not be known and will remain secret. I will also be adding a page where users can request that a post be taken down if it is untrue. So my question is essentially, if I do those steps on the forum, will that be enough to absolve me of responsibility from what people post? If not, what steps can I take to make sure I am not responsible?

 

[adjusterjack]

So my question is essentially, if I do those steps on the forum, will that be enough to absolve me of responsibility from what people post?

No way to predict. But I'll tell you this. NOTHING you ever do will actually prevent a lawsuit. Your best precautions may deter someone from filing a lawsuit or at least give you a defense.

Read the Terms of Service on Facebook, Instagram, City-Data, forums similar to yours, even at the bottom of this page, and you'll get an idea of how everybody else is doing it. One thing you can do is reserve the absolute right to take down what you regard as objectionable. Remember this: Your site is your private property. People post there at your pleasure. There are no First Amendment rights on private property. You can boot them at your pleasure just like you can boot someone out of your house if they are objectionable.

 

[zddoodah]

You should familiarize yourself thoroughly with section 230 of the Communications Decency Act of 1996. Once you do that, come back and tell us if you still have concerns.

Remember this: Your site is your private property. People post there at your pleasure. There are no First Amendment rights on private property. You can boot them at your pleasure just like you can boot someone out of your house if they are objectionable.

As phrased, the highlighted sentence is wrong. However, the rest of this is well taken.

 

[quincy]

What is the name of your state? Texas

I recently started a confessions Instagram account, and it got pretty out of hand, with people submitting forms saying they were sexually assaulted/raped. I do not want to get in trouble if these accusations are false, so I think I found an alternative but need to know if it will work. I am going to create a forum, and make it clear that the owner of the site is not responsible for anything posted on the site, the only responsible person, is the poster themselves. I will make sure everyone is anonymous, all users and the owner will not be known and will remain secret. I will also be adding a page where users can request that a post be taken down if it is untrue. So my question is essentially, if I do those steps on the forum, will that be enough to absolve me of responsibility from what people post? If not, what steps can I take to make sure I am not responsible?

zddoodah mentions Section 230 of the Communications Decency Act, which provides a “qualified” immunity from suit for webhosts who properly exercise precautions on their sites.

Following is a link to the text of Section 230 and a recent report on the CDA. On page 30 is an overview of proposed reforms. Discussions on reforming this section of the Act are gathering steam in Congress, in large part due to well-publicized controversies over misinformation appearing online in the last few years that many have found harmful.

https://crsreports.congress.gov/product/pdf/R/R46751

Currently, a web host who does not contribute to the content on his site, or encourage the creation of specific content on his site, or allow certain infringing content to remain on his site, can escape liability under Section 230 for content published by others. The content-creator will be held responsible for the content created.

Again, however, Section 230 provides only a qualified immunity and this does not mean the web host cannot be named in a lawsuit or held legally liable for content published on his site. The CDA section 230 is a defense.

For the best protection, you should have your site’s legal terms, conditions and disclaimers carefully drafted by an attorney in your area familiar with internet publishing laws.

 

[PayrollHRGuy]

For the best protection, you should have your site’s legal terms, conditions and disclaimers carefully drafted by an attorney in your area familiar with internet publishing laws.

And even that doesn't stop the forum owner from being sued.

 

[quincy]

Right. There really is nothing anyone can do to totally prevent a lawsuit. One can only take precautions to make a lawsuit less likely.

Filing meritless frivolous suits, however, can result in damages being awarded a defendant.