Legal liability for forum comments (was Re: [LINK] The future
of Link)
Sam Stainsby
sam at stainsby.id.au
Mon Jun 13 17:45:37 EST 2005
Stilgherrian wrote:
>My understanding is that this situation has been clarified somewhat, with
>the law differentiating between material which is "published" (like the
>content of a website), and that which is "ephemeral" (like live chat). But I
>have no idea how that applies to an email-based forum which is then
>archived.
>
>
I think that anything that ends up on a web page would be "published",
so that includes LINK. In any case, the distinction would be to test
whether the case was libel or not, wouldn't it? Because defamation can
still be verbal (which would be considered "ephemeral", unless recorded
and published).
--
Sam Stainsby
E-mail .. sam at stainsby.id.au
Tel .. +61 3 6223 7455
Fax .. +61 3 6223 7455
Mob .. 0405 380 844
Jabber: sjstainsby at jabber.org
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