Who is liable for libel?

[edprush]

If someone publicly defames another person on a message board (forum) who is responsible if the offended party wants to sue? Is it the forum owner or the person that made the comments?

 

[Steve]

Forums generally have a disclaimer saying they are not responsible for the content of their users' posts.

 

[Alone]

Person that made the comments. Though, with Internet forums being mostly anonymous and all, it would be hard to actually take action.

 

[jonks]

Service providers are generally granted immunity by CDA 230

http://en.wikipedia.org/wiki/Section_230

 

[her209]

Isn't it the publisher that always gets sued?

 

[wwswimming]

Originally posted by: edprush
If someone publicly defames another person on a message board (forum) who is responsible if the offended party wants to sue? Is it the forum owner or the person that made the comments?

both.

the attorney representing the alleged defamee will threaten either, or
both, the person who made the statement & the website hosting the
allegedly defamatory content.

 

[scott916]

Such is why the mods are forever up everyone's ass.

 

[IronWing]

<Ironwing feverishly scans any responses he might have made to edprush's posts.>

 

[Zenmervolt]

Originally posted by: wwswimming

Originally posted by: edprush
If someone publicly defames another person on a message board (forum) who is responsible if the offended party wants to sue? Is it the forum owner or the person that made the comments?

both.

the attorney representing the alleged defamee will threaten either, or
both, the person who made the statement & the website hosting the
allegedly defamatory content.

The attorney will definitely threaten both, but legally the hosting site bears no liability. Just because an attorney writes a nasty letter does not mean that there is any legal force behind it. Attorneys will threaten anyone they think has money, but ultimately only the person who made the comment is liable.

ZV