Webmaster Liability for Defamation?

[Ananisapta]

I'm a volunteer webmaster for my neighborhood association in North Carolina. We're getting ready to start a private forum for our members to debate issues of common concern, such as the new foundation documents that we'll be voting on in January. Some of these discussions have become acrimonious already due to personality pathology in certain members, one of whom is clearly litigious. I wonder if my assets or those of our Association, Board, or Officers might be at risk if somebody launches a personal attack in one of our forum sections. The Board has liability insurance for its Members and Officers. I'm not currently on the Board, but I have an "umbrella" policy in conjunction with my homeowners and auto policies, all from Amica.

I plan to put up the usual admonitions to act nice along with encouragements to report abusive behavior which may result in the offensive content and member being summarily removed, with a route of appeal to the Board. Am I missing something? Is there preferred language anybody can recommend?

 

[quincy]

I'm a volunteer webmaster for my neighborhood association in North Carolina. We're getting ready to start a private forum for our members to debate issues of common concern, such as the new foundation documents that we'll be voting on in January. Some of these discussions have become acrimonious already due to personality pathology in certain members, one of whom is clearly litigious. I wonder if my assets or those of our Association, Board, or Officers might be at risk if somebody launches a personal attack in one of our forum sections. The Board has liability insurance for its Members and Officers. I'm not currently on the Board, but I have an "umbrella" policy in conjunction with my homeowners and auto policies, all from Amica.

I plan to put up the usual admonitions to act nice along with encouragements to report abusive behavior which may result in the offensive content and member being summarily removed, with a route of appeal to the Board. Am I missing something? Is there preferred language anybody can recommend?

The Communications Decency Act, section 230, protects webhosts from claims arising from content created by third parties if the web host has not contributed to the content or encouraged its creation.

The one who is liable for defamatory content is the one who created it.

The fact that the CDA's section 230 provides immunity, however, does not prevent the webhost from being named in a lawsuit. Nothing prevents a party from suing.

Good luck.

 

[quincy]

Here is a link to the Communications Decency Act section 230, 47 US Code 230: https://www.law.cornell.edu/uscode/text/47/230

 

[Ananisapta]

Thanks!

 

[quincy]

Thanks!

You're welcome, Ananispta. Thanks for the thanks.

Although as web host you have CDA's protection, your website will want to have a clear and complete Terms and Conditions of Use so contributors to the site know what is expected of them when they participate in discussions. A good TOS can be the best way to control website content.

Good luck.

 

[adjusterjack]

I have an "umbrella" policy in conjunction with my homeowners and auto policies, all from Amica.

Make sure your homeowners policy has "Personal Injury Liability" coverage in addition to "Bodily Injury Liability" coverage.

Personal Injury Coverage
DEFINITIONS
The following definitions are added:
"Personal injury" means injury arising out of one or more of the following offenses, but only if the offense was committed during the policy period:
A. False arrest, detention or imprisonment;
B. Malicious prosecution;
C. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor;
D. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; or
E. Oral or written publication of material that violates a person's right of privacy.

Nothing stops a lawsuit from being delivered to your door so you need that coverage at least for defense costs.

It might already be built into your policy or available as an option for very little money.

If you have it your umbrella follows with first dollar coverage above your homeowner's limits. If you don't have it on your homeowner's policy your umbrella may have a self-insured retention (liability deductible) of up to $25,000 for risks covered by the umbrella that aren't covered by your homeowner's policy.

 

[quincy]

Ananispata said s/he has umbrella coverage. Amica offers umbrella insurance in $1 million increments up to $5 million. Speaking to his/ her agent to ensure proper coverage is smart though.

If Ananispata does not contribute to the content on the website, Ananispata should be able to get dismissed from any suit filed over content that names Ananispata as defendant or co-defendant.

 

[Ananisapta]

Thanks for further clarifications. My umbrella policy explicitly includes personal liability coverage except for that "Arising out of publication of material in any electronic format." This looks like a problem. Also possibly problematic is that my policy can be cancelled by the company for
"Increased hazard or material change in the risk assumed that could not have been reasonably contemplated by the parties at the time of assumption of the risk..." Maybe I should talk to my Amica agent?

 

[quincy]

Thanks for further clarifications. My umbrella policy explicitly includes personal liability coverage except for that "Arising out of publication of material in any electronic format." This looks like a problem. Also possibly problematic is that my policy can be cancelled by the company for
"Increased hazard or material change in the risk assumed that could not have been reasonably contemplated by the parties at the time of assumption of the risk..." Maybe I should talk to my Amica agent?

Asking your agent is a good idea.

Intentional torts, of which defamation is one, are often not covered under regular homeowners policies. You should ask your agent about insurance coverage for internet liability. These policies are becoming more popular.

 

[adjusterjack]

My umbrella policy explicitly includes personal liability coverage except for that "Arising out of publication of material in any electronic format." This looks like a problem.

Read your policy. My homeowners policy has no such limitation. If yours doesn't you would at least be covered up to your homeowners policy liability limits.

Also possibly problematic is that my policy can be cancelled by the company for
"Increased hazard or material change in the risk assumed that could not have been reasonably contemplated by the parties at the time of assumption of the risk..."

Possible but, realistically, rarely happens. And being a webmaster is not that much of a risk.

Maybe I should talk to my Amica agent?

Couldn't hurt.

Intentional torts, of which defamation is one, are often not covered under regular homeowners policies

I think the Personal Injury coverage doesn't make that distinction so any allegations of defamation should have a defense provided by the policy.

Forms differ from company to company and state to state so a review with the insurance agent would be worthwhile.

 

[quincy]

Exactly. Insurance policies differ in what they will cover and what is excluded from coverage.

I think speaking with the insurance agent is a good first step. I recommend Ananispata inquire about insurance coverage that is specific to the internet.

Although the role of webhost might come with little legal risk if the webhost limits his/her role to overseeing and monitoring the site, webhosts are still named in suits when what is published on the site violates a law.

If the webhost has not contributed to the content or directed the publication of specific content that violates the law, the webhost named in a suit can be dismissed from the suit. The webhost will still need to answer the claim, and the services of an attorney are generally necessary. In other words, time and effort and money must be expended.

 

[adjusterjack]

The webhost will still need to answer the claim, and the services of an attorney are generally necessary. In other words, time and effort and money must be expended.

It's better to have one's insurance company expend that time, effort and money.

 

[quincy]

It's better to have one's insurance company expend that time, effort and money.

I totally agree.