If A Site Uses Third-Party Moderators Who Do Something Bad, Does The Site Lose Safe Harbors?
from the that-would-be-bad dept
The court, unfortunately, seems to have agreed. While it does note that bodybuilding.com has Section 230 immunity despite having third party moderators, it allows for the possibility that since one of the moderators may have posted one of the messages in question, the moderator could be considered "a representative of the site." This goes against a whole series of case law, which Goldman lists in his post, and could create all sorts of problems for sites that use volunteer or third party moderators. Of course, this was just in response to the motion to dismiss, so the court could come back and say that third party moderators don't make a site liable, but it's worth paying attention to this case. As Goldman notes: "I really can't imagine Web 2.0 succeeding without a robust cadre of site admins and moderators helping self-police an online community."