What laws govern a forum?

[BigDaddyJinx]

I see there have been several posts regarding forums and the law, but so far nobody has asked a question like mine:

I host a forum that once resided in the USA. The posts were protected by the First Amendment. However, now the site is being moved and hosted in Canada and the current American posters are wondering if that will affect their rights in any way; having the site hosted in Canada now.

This is a good question, and I've seen some entries online that indicate Americans CAN take their "ideas" abroad and be protected, but would that apply to freedom of speech as well? I know that our Canadian Charter Of Rights And Freedoms will protect me and my fellow Canadians, but I'd hate to think that it'll exclude the Americans from posting.

Anyone have any answers or sites for me to peruse? I'm deadly curious now about this...

 

[NYClex]

Well, I guess you have to distinguish between certain things:

a) Postings in a forum are protected by the First Amendment against action by the US government only

Example: If I write in a forum that is hosted and "owned" by Alfredo: "I think Alfredo is a stupid moron" then Alfredo can kick me out of this forum any time.

The First Amendment protects speech against government censorship, not private censorship.

Also of course, the speech is not protected against actions based on defamation or similar things.

b) Postings made in a forum by someone in the U.S. are protected by the First Amendment only against action by the U.S. government:

Example: In Germany it is illegal to promote Nazism or to deny the reality of the holocaust. Both is protected speech in the States.
Now if I post on an American forum: I believe the holocaust is an invention by Jewish propaganda" this is perfectly legal in the States. Should I travel to Germany though, the government there can prosecute me if the forum was accessible to the German public. The American laws won't help me in Germany.

The same if a German citizen posts the same sentence on an American forum. The fact that the forum (the server for example) was based abroad does not mean that he is not subject to the laws in his country. The German government can prosecute him. What they cannot do is force the forum to expunge the posting, since they have no jurisdiction over the forum.

Third example: An American writer writes the same sentence on a German forum. The German government cannot reach the writer unless he travels to Germany, but it can force the forum to expunge the sentence, close out the poster or even to close down totally. American Free Speech Law would not be applicable.


So in regards to your question:
A forum operator based in Canada has to observe Canadian law. If there are laws prohibiting certain content he migt be forced to expunge it from the forum or take other action. An American writing something offensive to Canadian Law cannot use American Law to stop the Canadian government from enforcing their laws within their country. But he would be protected from any prosecution in the States.

 

[Caerdwyn]

And, of course, there is the matter of if you are using a private system, the host of that system reserves the right to deny you access for any reason, delete your posts, etc, etc. With or without justification. I see this a lot on IRC networks. If you connect to their system, you play by their rules, and if you do not agree your only solution is to disconnect. Whether you're sitting in the US or not, if you say something an admin doesn't like... bam... you can be banned. Admins can also be pressured into doing this, and may remove your posts even if they are fully legal simply because he doesn't want the hassle.