Question about the Law (Full Version)

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Brandon -> Question about the Law (12/28/2008 8:53:14)

I run a religious forum, and wonder what kind of legal actions I might need to watch out for. When covering such a strong topic like religion sometimes things get heated. I have know other sites to get sued, because members got banned or they felt their freedom of speech was censored. Now you can't let everyone in the world go nuts on your site, lecturing everyone on how their believes are right, and everyone else is wrong. How do you as the site own stay protected from law suites? I have forum rules and state that if they post on my forum they agree to the rules. However, I have heard that wouldn't stand up in court. Since my forum is used world wide, and different countries have different laws, how do I protect myself, or who's laws do I use? I'm in the US and so is the site. Thanks for any advice you can give! [:)]



Giomanach -> RE: Question about the Law (12/28/2008 10:52:06)

Only real way around this is to research the laws in every country (a lot of work I know) and adapt the forums rules around this, so they state, in plain english! "What happens on these forums stays on these forums and you are liable for your own actions"

Luckily, it'll be the same in most countries, but there will be some that completely blow that out of the water.

I'm afraid the answer is research, research and more research.



Tailslide -> RE: Question about the Law (12/28/2008 11:22:29)

Wow you're brave! There's a good reason why most fora ban discussions about politics or religion!

I think that either you go for the "you can say what you want but no suing" approach or the "keep it civil or you're banned" option. The latter is probably better but it's hard to be impartial in these matters. I think you need to find an aetheist to act as a referee! I think you'll end up going prematurely grey attempting to be impartial. All that happens is that everyone thinks you're favouring the opposite view.



TexasWebDevelopers -> RE: Question about the Law (12/28/2008 11:47:25)

You cannot stop lawsuits but you can protect yourself. Contact an attorney immediately. You should probably be operating behind a corporate structure to help protect your personal assets.

As for web site operating policies, you are either allowing free speech (and have a bad words filter on your forum) or you can moderate EACH post for content before it goes public. At that point, the opinions are now representative of the moderator and not the poster, which may change the legal options you have.

Lawsuits are all about damages suffered and anyone suing you must prove damages to win in court. I doubt you'll ever be in a situation where you would have to pay damages, but your law firm bills just from protecting you from frivolous suits may drive you out of business.



caz -> RE: Question about the Law (12/28/2008 12:19:23)

I thought that the laws of the country where the website is, which in your case would be the US, operate. Not Europe, not Asia and not any other country.

You could have a well signposted disclaimer saying that use of the site is governed by the laws of the USA.



Donkey -> RE: Question about the Law (12/28/2008 12:30:43)

Personally I can't see how anybody could sue you over a disagreement on religious belief, litigation is subject to proof and that is something no religion can provide. The Bible, Koran etc legally have the status of works of fiction because effectively there is no way of proving that any of it is correct. Faith is not relevant in law.

So unless some of these people are threatening to do violence to each other or commit other felonies I would say you are safe. It is not illegal to merely insult someone or scorn their beliefs.



jaybee -> RE: Question about the Law (12/30/2008 9:29:19)

It is illegal if it comes under the banner of the libel laws. Defamation is the one that has to be looked at closely. While people are unlikely to sue over a difference of religious opinion the crunch comes when they start calling each other names and one of them then gets laughed at by an acquaintance who has seen it, or the person believes others will have seen it.

You're in between a rock and a hard place. You need to remove defamatory content but you'll get shouted at about free speech. If you don't remove it then you have other issues.

Personally I think you're completely barking mad putting yourself in that situation but please don't sue me for saying so. [:D]

You have to make it very clear what the rules are and enforce them rigidly which means you need to be watching it 24/7. I would insist that all new members have to provide all correct details about themselves to prevent anyone hiding behind anonimity. How you do that I've no idea. It will mean checking addresses etc. Email checks aren't enough, anyone can set up a fake email.

I would speak to a lawyer, then I'd go home and delete the entire thing, put your feet up and pat yourself on the back for saving yourself a heck of a lot of hassle.



Brandon -> RE: Question about the Law (3/2/2009 12:03:56)

Thanks everyone!

I ended up shutting down the site yesterday, and I have to say it feels nice not having to worry about it anymore. [:)]



TexasWebDevelopers -> RE: Question about the Law (3/2/2009 14:34:25)

Be sure to take it down from archive.org



BeTheBall -> RE: Question about the Law (3/2/2009 16:55:47)

I certainly don't want to try and change your mind, but generally one's free speach is protected from GOVERNMENT interference, not private. For example, if you go into your boss's office and call him an SOB, he can fire you. You will be unsuccessful arguing he can't fire you because you were just exercising your right to free speach. I would be very interested to see any successful court case were someone sued a privately-owned website on the grounds that the site owner/administrator infringed on someone's free speach.

Just my 2 cents.



TexasWebDevelopers -> RE: Question about the Law (3/2/2009 18:43:24)


I think you are right, Duane, in that the suits would fail--however, defending oneself from (frivolous) lawsuits, especially as an individual without a modicum of protection that a corporate structure might provide, may cost more than the defense effort is worth in time and fees.



michaelea -> RE: Question about the Law (5/14/2009 1:16:56)

Maybe it's about time the loser starting paying the legal costs for the winner in the USA. (See England's stats on litigious proceedings)

Maybe Obama will make that happen...



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