Liability for online forums on HOA websites?

Started by hoatalk • 4 replies • 1503 views

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hoatalk (California)
Posts: 603

Posted:

This topic has come up in prior topics, so I thought you all may find this article interesting. It's about an online classifieds ads site called Craig's List. They are sued because some of their members posted illegal and discriminatory housing ads on the site.

The court found that Craig's List was not liable for the ads because it is not a 'publisher'. It is only a provider of a place where others may post ads and opinions. As such, it is protected under the 1996 Communications Decency Act.

It seems this would also apply to community associations that allow blogs or online forums on their own websites. Have a look here:
http://www.chicagotribune.com/news/custom/newsroom/chi-061115craigslist,1,4784419.story
or
http://blog.tmcnet.com/regulations/court-absolves-craigslist-in-housing-bias-controversy.asp

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LindaC3 (Florida)
Posts: 526

Posted:

Good Day Group--- Good advice to follow--- The following was suggested to me- I ,as the moderator for our HOA web based forum posted this at the top of the intro page...I find that if know in advance what's expected of them they pretty well behave themselves.I also stated that they needed to act as adults and failure to stay "nasty" things will be cause my removing/revoking the privilege to be able to partake on the site-- Too date all is well.....Linda C

Personal Injury - Libel And Slander - E-mail communications

Question 1 of 1

Are laws regarding defamation applicable to e-mail and other on-line activities?

Absolutely! If a person commits libel (false and unprivileged publication or assertion of a fact, which exposes any person to hatred, contempt, ridicule, or which causes him/her to be shunned or avoided, or which has a tendency to injure him/her in his/her trade or occupation) against you through e-mail or other on-line activities, the publisher, and any re-publisher, of the offensive statement can be held accountable for damages.

hoatalk (California)
Posts: 603

Posted:

Here's an interesting question:

Since the court mentioned 'publisher' as a deciding factor, would moderating the forum make the moderator/HOA a 'publisher' in the eyes of the court, since the moderator edits and approves the posted messages?

If there is no moderator, like Craigslist, then there apparently is no publisher.

Just a thought.....

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LindaC3 (Florida)
Posts: 526

Posted:

HHMMM very good question indeed.........I know that on our forum I DO NOT edit the content of the emails being sent....I just tell them what the guidlines are and ask that if they intend to send out what I would call questionable content not to use the site for such activities..I advise they use their own personal email server for such activities as I would hate to see all people lose the right to have the forum for someones' intential misdeeds....As I stated before to date I have not had a problem and will make sure that there is no problem.....Linda C

BrianB (California)
Posts: 2,820

Posted:

couple things: the courts recently decided (at least in a couple cases) that the "statute" of libelous statements, etc. was one year from original publication on the internet, not forever. Thus, even if someone copied it to another site, or the web archive, etc., an item remains "in play" for one year from publication. If no one has started a lawsuit by then, they can't come back in seven years, find it in an archive, and do so.

secondly, a publisher controls the contents of his publication. if you are simply hosting a forum, with no content control, you are not publishing... so you are correct, if you don't pre-screen messages, have moderators, and do edits for publication, you aren't a publisher. You are simply a forum. You can do some deletions after the fact, but doing them before publication makes you a publisher.

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