Legal Question in Legal Ethics in Colorado

Can I be sued for what somebody says in my forum to somebody else?

I am going to create a website but am concerned on some things. If I create a message board to for teens to talk to one another and one of them tells another to go kill themself, and then that person does kill himself or herself but told their parents somebody on my message board told them to do it, can I be personally held responsible for what that person said? What precautions can I take to avoid this?


Asked on 7/11/02, 12:36 am

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Can I be sued for what somebody says in my forum to somebody else?

Under the current state of the law the website is not responsible for the content of postings such as you describe. It is tricky, however, as the publication of libel may subject the webmaster to civil penalities for a knowing republication.

Your best advice is to closely monitor any messages/postings on the site and remove any which appear questionable.

It is not possible to armor oneself against all possible contingencies.

Read more
Answered on 7/11/02, 5:15 am

Re: Can I be sued for what somebody says in my forum to somebody else?

You can help protect yourself by placing well-written "terms and conditions of use" and a "privacy statement" on your website. You should consult an experienced e-commerce attorney to help you with this.

Feel free to contact me if you would like assistance.

D. Alexander Floum is an experienced intellectual property and e-commerce attorney. Alex teaches intellectual property law to both practicing lawyers and law school students.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.

Read more
Answered on 7/12/02, 2:01 pm


Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in Colorado