Yippee! Websites NOT libel for third-party postings!

Discussion in 'Random Thoughts' started by skip, Nov 20, 2006.

  1. skip

    skip Founder Administrator

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    In a good decision, the California Supreme Court has said that website publishers (such as yours truly) are NOT liable for libelous postings by others on the website.

    Of course this means that the original poster IS still liable if they defame or libel someone or a company or organization.

    This is a huge victory for Freedom of Speech, btw, cause now webmasters don't need to worry about having to censor this type of speech. The responsibility lies completely with the poster.

    I'll be breathing easier for a long time to come... :)



    :party:



    SAN JOSE, Calif. (AP) - Websites that publish inflammatory information written by other parties cannot be sued for libel, the California Supreme Court ruled Monday.

    The ruling in favour of free online expression was a victory for a San Diego woman who was sued by two doctors for posting an allegedly libelous e-mail on two websites.

    Some of the Internet's biggest names, including Amazon.com, America Online Inc., EBay Inc., Google Inc., Microsoft Corp. and Yahoo Inc., took the defendant's side out of concern a ruling against her would expose them to liability.

    In reversing an appellate court's decision, the state Supreme Court ruled that the Communications Decency Act of 1996 provides broad immunity from defamation lawsuits for people who publish information on the Internet that was gathered from another source.

    "The prospect of blanket immunity for those who intentionally redistribute defamatory statements on the Internet has disturbing implications," Associate Justice Carol Corrigan wrote in the majority opinion. "Nevertheless ... statutory immunity serves to protect online freedom of expression and to encourage self-regulation, as Congress intended." Unless the U.S. Congress revises the existing law, people who claim they were defamed in an Internet posting can only seek damages from the original source of the statement, the court ruled.



    Source:http://www.breitbart.com/news/na/cp_z112019A.xml.html
     
  2. skip

    skip Founder Administrator

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    I copied this from the Computer forum so you guys could see it (cause you probably never visit such a nerdy forum... ;)
     
  3. Rebel_1

    Rebel_1 Hip Forums Supporter HipForums Supporter

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    That is good news for you Skip, and it sounds totally fair too. Glad it came out in your favor.[​IMG]
     
  4. themnax

    themnax Senior Member

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    abbout effing time the government started getting a little sense of some kind. making sysops the babysitters of the users of their forums, by any rational logic of fairness would have made the phone company liable for every word said over the phone, which would have been absurdly uninforcable from jump. sysops were of course easier targets and really there was no other excuse for singling them out.

    on the other hand this could be paving the way for media not being required to allow open content if and when it's ever allowed to take over the internet completely.

    somehow i don't think that's going to happen though.

    this is a great victory for 'we the people' and one of the few things 'we the people' anymore really care about. OUR internet. not the effing corporocratic media's!

    =^^=
    .../\...
     
  5. mynameiskc

    mynameiskc way to go noogs!

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    well good. never did make sense to hold the host liable for something stupid a guest said. all i could figure is that the attorneys thought they could get more money if they lumped the host in with the accused.
     
  6. skip

    skip Founder Administrator

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    Indeed!

    Of course this lets corporations off the hook too! So a company like Google which now owns YouTube, isn't required to actually VIEW every video that gets posted up for offensive or libelous content. Such a thing would be impossible to do anyway.

    BTW, I just had a lawyer threaten me with a lawsuit the other day for some comment posted up on Hippy.com by an anonymous person. It mentioned a person by name (who happened to be a cop according to the lawyer), and this lawyer was threatening me unless I took it down, which I therefore had to do.

    Ironically the content wasn't even that bad, or insulting, just the fact that the cop's name was mentioned - and the comment never even mentioned that he was a cop & could've referred to anyone with the same name...

    So this is the kind of thing where I can now tell lawyers to take a flying leap!
     
  7. cerridwen

    cerridwen in stitches

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    that is good.... it does make sense, glad they came to that decision.
     
  8. skip

    skip Founder Administrator

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    In fact, I just had to write that lawyer after this, and pretty much told him to take a flying leap!
     
  9. soaringeagle

    soaringeagle Senior Member

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    hmmm interesting that that particular cop found himself mentioned here...& how fast?
    ahh maybe shouldnt mention him at all..
     
  10. skip

    skip Founder Administrator

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    It's easy to find your name via Google. I think that was all they did, and because he was a cop they didn't want his name out there at all. It was a b.s. request cause as I said the comment never even mentioned he was a cop, it did however say something like he did some stupid shit on the highway.

    It was on an article about Alabama I think. So you know those southern cops are rather fucked up - comeon, sue me for that! ;)

    BTW, it wasn't HERE, but on hippy.com where the comment was posted.
     

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