There's A Good Reason Why Online Sites Shouldn't Be Liable For The Actions Of Its Users

from the not-this-again dept

Over the years, we've had plenty of stories concerning the liability of websites when users post defamatory or libelous content. The law (section 230 of the Communications Decency Act) is pretty clear, keeping site owners free of liability for the actions of their users. However, as yet another such case comes to light, this time in California, it seems like many people misunderstand why the law is written this way. That article has a typical quote from someone who doesn't seem to understand why the law is written this way, saying: "While protection to ferret out the truth is nice, I kind of wish the courts or Congress would revisit this law. It bothers me to run content online that is clearly defamatory but to get to say it's OK because we can't get sued. It's like a legal neener-neener." That statement is wrong. The law does not say "it's OK." What it does is make it clear who is liable: the individual who actually made the defamatory statements. That's all it's saying. It doesn't make sense for the owner of the site to be liable, since they are not the ones who are making the libelous statements. They may be easier to target and easier to sue, but they aren't the ones who made the statement, and thus, they should not be liable. So, this isn't a case where the law is "different" because "it's the internet" or where one side gets a free pass. The law simply clarifies that the liability for libel should be on those who actually made the libelous statement.

Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. identicon
    Anonymous Coward, 9 Sep 2006 @ 6:16am

    liability for site owners

    as i understood it, now keep in mind i read about this a few years ago, the site owner is not liable if they delete post and do some form of moderation on the site but if they don't monitor it at all then they can't be held liable for any offensive post(s)

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown for basic formatting. (HTML is not supported.)
  • Remember name/email/url (set a cookie)

Follow Techdirt
Special Affiliate Offer

Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.