Legal Question in Technology Law in New York

Defamation protection on message boards

I am working on developing a web site that is somewhat a hybrid of epinions.com and sucks.com. It will be a message board where customers/clients and employees can express their positive and negative opinions about companies and their products/services/working environment. I know that publishers of slander and libel can be held accountable for publishing the content in some cases, but that many courts have ruled that it is impossible to monitor every message. Is there a way to write a disclaimer or create this type of site in such a way to prevent being held liable if such statements were made? Would it help to make all visitors posting a message click an I agree box, stating that they understand that libel & slander is illegal and they could be fined and agree not to make any such statements? Do you think posting legal links to statutes regarding libel, slander, and defamation for the online viewer if they are unsure would aid in decreasing the web site's liability?


Asked on 4/18/01, 3:42 am

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Defamation protection on message boards

I think all of your suggestions are good ones. It is necessary to review the state of the law insofar as liability is concerned for message boards that post libelous material. My recollection is that such liability, if any, is quite limited.

Please feel free to contact me if you have any questions.

-- Kenneth J. Ashman; Ashman & Griffin, LLC; [email protected]

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Answered on 6/13/01, 7:38 pm


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