Questions About Internet Forums

[Adverse]

I'll be brief.

I'm just wondering some stuff about internet law and how it applies to internet forums (not this one, by the way).

Do the forum owners and administrators have an obligation to protect forum users from participants they know to be dangerous and troublesome (insultive, abusive, disruptive, divisive, bombarding others with unsolicited hate e-mail and so forth)?

Are participants that behave in that manner subject to any restraints of the law, such as Disturbing the Peace, or Assault, which would apply if the offense was in person?

 

[Michael Wechsler]

Most people that run Internet forums have some type of terms of service (as ours does) that limits liability. If someone knows their e-mail is available, then anyone can harrass that individual and it would have little to do with the forum owner.

I'm not sure how forum owners would be sucked into a "disturbing the peace" charge. There are some issues with regard to liability and culpability of a forum owner but it would seem to require some type of facilitation by the forum owner in some capacity.

 

[Adverse]

Now, to be specific.

Let's say a forum owner banned a person because they abused other members, bombarding them with hateful comments both on the forum and by using e-mail links obtained from the forum.

Then, the forum owner knowingly allowed this person back on the forum, under a new name so as to not alarm the other users, but, also, without warning both the previous and new forum users about this person's history.

This person then reverted to their old behavior.

Does the forum owner have any responsibility at that point?

 

[Michael Wechsler]

It all would depend IMHO. Was there any threat to the individuals? If it was just tough forum talk then I would think that this would not rise to a level of "liability" and if it might... what would the damages be? Likelihood of suit is unlikely IMHO.

 

[Adverse]

Thanks.

The forum owner has obviously taken some action as the offender has subsided, along with the posting of forum rules.

 

[Rathi]

It's actually quite hard for a forum "operator" to completely ban a person/persons from visiting a forum. We can ban their IP, or username, but as you said, that doesn't stop them from signin' up again under a different name, or using tools to mask their IP.

In most cases, the board that you sign up to, has the option of hiding your email address from the public. Of course, the admin will still have the ability to mail you, but if they are the harrassing ones, you shouldn't visit anyway.

Like michael already stated, most TOS cover the liability you are asking about. Something like, we are not responsible for posts made here, but do try to edit/delete when needed.

I'm a member of quite a few forums, imo, the best way to rid yourself of a trouble maker, is to ignore them. I know it's hard.. but it works!!

 

[Michael Wechsler]

Rathi's reply is very true. But few really go so far as to mask IPs, etc. and those people are best dealt with by ignoring them and deleting their posts. Sometimes it might be necessary to report such conduct to an ISP in some outrageous cases...

Originally posted by Rathi
It's actually quite hard for a forum "operator" to completely ban a person/persons from visiting a forum. We can ban their IP, or username, but as you said, that doesn't stop them from signin' up again under a different name, or using tools to mask their IP.

In most cases, the board that you sign up to, has the option of hiding your email address from the public. Of course, the admin will still have the ability to mail you, but if they are the harrassing ones, you shouldn't visit anyway.

Like michael already stated, most TOS cover the liability you are asking about. Something like, we are not responsible for posts made here, but do try to edit/delete when needed.

I'm a member of quite a few forums, imo, the best way to rid yourself of a trouble maker, is to ignore them. I know it's hard.. but it works!!

 

[Adverse]

Believe it or not, I am still here.

So, thanks.