[LINK] one for the legal eagles: 'private' libel

[Dr. Bob Jansen]

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?
>
>Rgds
>Rick W


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.

bobj

Dr. Bob Jansen
Managing Director,
Turtle Lane Studios Pty Ltd,
Physical: 1 Turtle Lane, Erskineville, NSW 2043, AUSTRALIA
Postal: PO Box 26, Erskineville, NSW 2043, AUSTRALIA
Phone & Fax: +61-2-95 19 99 85
Mobile: 0414 297 448
Email: Bob.Jansen@turtlelane.com.au
WWW: http://www.turtlelane.com.au/

____________________________________________________________

Go to http://www.turtlelane.com.au to see how we can help you with
* Events On Line - web sites utilising streaming video and audio
                                synchronised with images and text
* Information Architecture - planning and designing your information system
* Electronic Publishing - publish your digital content to its full 
effectiveness
                                            and not just electronic paper
* HACKER ALERT - a system for protecting your web site against 
hackers and site defacement
* SWOTRecorder - a program to assist you in recording the results of 
your SWOT analyses