[LINK] one for the legal eagles: 'private' libel
Dr. Bob Jansen
Tue, 13 Nov 2001 08:31:02 +1100
At 5:23 PM +1100 12/11/01, Rick Welykochy wrote:
>Chew on this one, Linkers:
>I post an email to a private, members-only mailing list. The email
>could possibly be deemed libelous and derogatory to a certain
>company X, if they ever saw it.
>The mailing list maintainers then publish all the email from the
>list archives on the web.
>Company X now finds the email published on the web, in public
>view if you care to look for it.
>If the email is found to be libelous, who is guilty? Me the writer?
>The mailing list maintainers, the publishers? The web server
>sys admins, the providers?
This actually happened to me but in my case, I was the 'company' and
the list was this list, Link, and the problem was slander. I
forwarded a copy of the email to our solicitors who gave the opinion
that the author of the email was culpable and not the list
owner/manager/hoster as the intent came from the author.
Dr. Bob Jansen
Turtle Lane Studios Pty Ltd,
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