[thelist] re: avoiding getting sued

Ian Feavearyear ianfusa at gmail.com
Mon Nov 1 06:24:11 CST 2004

I am a final-year law student and have studied this particular issue
from a U.S. perspective as part of a Cyberlaw course.  As far as U.S.
law goes, if you approve the reviews you will be personally liable for
publishing them.  You cannot disclaim responsibility in your terms and
conditions.  However, sites that do not review postings at all have
been held not liable, though as soon as you are made aware of a
defamatory posting, you then have responsibility to remove it.  Thus,
under U.S. law you are better off if you don't review postings.  I
don't know what the U.K. legal situation would be but if I were in
your position I would make sure I personally reviewed every posting
and if in any doubt at all as to the defamatory nature of the posting,
I would not publish it.  Note: If the posting is TRUE you cannot be
held liable no matter how defamatory it may appear - but you would
have the burden of proving it is true.


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