At Dale’s request, I’m posting to all the forums a discussion we’ve had regarding the legal implications for him and Rich as board owners/operators.
Please take the time to consider Dale’s and Rich’s position in this and the potential harm that could come to them.
Hey Dale
I saw your post and it reminded me of some legal information I had read
regarding libel, slander, etc. and message boards and wanted to share with
you.
Of course, this law is still evolving and being decided in the courts almost
as we speak. But, the recent rulings and legal opinions see a message board
similarly to a publication for public consumption. As such, the
moderator/owner serves as a publisher. By allowing libelous or slanderous
statements on the board, in essence, it would be akin to publishing a
magazine or newspaper with an article saying so-and-so did, or is…
Possibly think of the National Enquirer for really blatant examples. I
think this may be the reason some boards forbid the discussion of makers,
products, etc. Another example would be a member’s outburst to a maker stating that
their whistle’s are garbage (or whatever negative description you wish). The maker could claim that was libelous and bring
suit against the outspoken member and name you and Rich as a parties to the action for distributing the post. Would they win? It would be decided by the courts, or in a settlement. But the point is, you would have to hire an attorney to protect yourself. That could be thousands of dollars.
Ugly situation all this. I can see the maker’s point, as it can negatively
impact their livelihood, I can also see the person’s belief that they have
the right to speak their mind. But, I suppose we don’t have the right to
intentionally harm. Ah, if only society was not so litigious.
Teri