liable for writing

[bfeverish]

in designing a news and action alert website i'll be posting second and third party articles. what type of disclaimer should i use that would limit the liabilities that come along with posting such things? something to remove liablity for staff and site.

 

[bfeverish]

i was thinking someything like this. would this cover me?


Disclaimer
StayInformed.org exists in the interest of free speech, freedom of information and public interest.

StayInformed.org web site provides all information for education and research purposes only.

The information, views and opinions contained within the information on Stayinformed.org web site are not necessarily those of the owner or the site host, neither are they necessarily those of the staff.

StayInformed.org does not advocate violence. StayInformed.org condemns ALL VIOLENT ACTS OF AGRESSION!

 

[NYClex]

hm, it always depends on what it is supposed to protect you against.

There are a couple of pitfalls you have to be aware of:

-posting of copyrighted material: You as the owner of the forum might be held liable if you or others post copyrighted material like newsstories taken from news websites, etc. A simple disclaimer won't shield you from liability, you have to make sure this will not be tolerated. While you cannot know in advance what other people may post, you must delete it if it is in violation of copyright.

-defamatory postings: Again a simple disclaimer won't necessarily shield you from liability. While there is a constitutional right to free speech this right is limited by the right of others not to be defamed.

-pornography and other offensive postings which might be against the law

-other unlawful kinds of postings: invasion pf privacy, disparagement, etc.


You should draw up clear rules against these unlawful things, post them conspicously on your forum and make sure that anyone who registers accepts them. And then you must diligently look for unlawful postings and act accordingly.

 

[bfeverish]

basically the two things that i'm trying to protect myself from are:

1. claims by second and third party writers.

2. with activism being a major part of the site there may be calls for civil disobedience and other similar actions.

would that cover me in those respects?

 

[NYClex]

well, I am not quite sure what you mean with claims by secondary and third party writers.

If you mean that you want to post things on your site that they have written, without their consent, then no, that will not shield you against their claims. You will have violated copyright.


If you plan to instigate and incite criminal behavior you also will not be shielded against the consequences by adding any nicely worded disclaimers. If others commit criminal offenses using your website you still can be liable civilly and be charged criminally depending on the circumstances. I doubt that there will be a disclaimer which is able to cover every and all possible scenarios.