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Question about libellous comments or 'wayward remarks'

  • 30-03-2008 12:02am
    #1
    Banned (with Prison Access) Posts: 8,632 ✭✭✭


    Just wondering about something. Some forums I know of, incl this one, have been the targets of potential legal action by various groups or companies. This seems to be getting - well not 'worse' - but much more frequent. Can someone clear up the 'rules' surrounding posters rights to annonimity if their posts are slanderous? For example does a forum have to protect the identity of its contributers in most circumstances? Or can a company demand details of those that have made the remarks in question whilst at the same time threatening legal action against the website in question? Would you have to hand them the details?


    Im just wondering because ive seen another website, known to most here, this evening also threatened with legal action. The company in question sent them a demand for information on certain posters that made 'unwise' comments.


    Id imagine that forums like this now have to take this sort of thing far more seriously then ever before. Seems to be happening more and more often. Keeps going the way it is and pretty soon what you can and cannot say will become very narrow indeed. Id always comment inside the rules but what ive seen in recent months on other forums has made me far more careful anyway.
    Post edited by Shield on


«1

Comments

  • Closed Accounts Posts: 88,972 ✭✭✭✭mike65


    I imagine a lawyer could make the case to a judge to force such information to be disclosed.*

    I wouldn't hand over such information until I had no legal choice anyway!*

    Mike.

    *Not actual legal advice


  • Registered Users, Registered Users 2 Posts: 17,727 ✭✭✭✭Sherifu


    darkman2 wrote: »
    Im just wondering because ive seen another website, known to most here, this evening also threatened with legal action. The company in question sent them a demand for information on certain posters that made 'unwise' comments.
    Is this the politics.ie thing?

    Interesting question btw.


  • Closed Accounts Posts: 96 ✭✭Hennessy


    Sherifu wrote: »
    Is this the politics.ie thing?

    Interesting question btw.

    Agreed.

    I too am all excited! Damn P,IE


  • Closed Accounts Posts: 58 ✭✭BJJDUB


    IMO - Boards should carry a responsibility as to the content of the post - just like newspapers.

    Truth is the absolute defence against slander or libel. Taking that logic - then slander and libel are lies - usually created to hurt people (or entities) by individuals with hidden agendas.

    A board is a conduit for opinion, knowledge and many other things - a board should not become, or allowed to become, a conduit to spread lies by unscrupulous anonymous members. Therefore at the very least boards should remove any posts where a question arises as to whether the post is libelous.

    This is my personal opinion - it is not a legal opinion.

    Hope I don't get banned now :(


  • Closed Accounts Posts: 58 ✭✭BJJDUB


    mike65 wrote: »

    I wouldn't hand over such information until I had no legal choice anyway!*

    Even in a case where it is clear that libel has been committed ?


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  • Banned (with Prison Access) Posts: 8,632 ✭✭✭darkman2


    Sherifu wrote: »
    Is this the politics.ie thing?

    Interesting question btw.

    Thanks, thought it would be.

    Yes that is the reference. Its there for all to see - www.politics.ie - a blatant 'or else' demand for the details of 6 individual posters. I dont post on that forum but I found the letter there 'interesting' to say the least.


  • Registered Users, Registered Users 2 Posts: 17,213 ✭✭✭✭therecklessone


    Some interesting reading here re. a recent case taken in the UK High Court by directors of Sheffield Wednesday FC against the owner of a fan's forum to identify a number of posters following defamatory posts appearing on the site.

    In total, the judge ordered the disclosure of information to help identify 4 of the 11 posters.
    A relevant factor in this decision was a term in the site's conditions of use, to which members must agree, forbidding defamatory language on the bulletin board. He [the Judge] also noted the absence of any policy of confidentiality for the benefit of users, implying that such a policy might give a website a better chance to protect its users' identities.
    Stefan Paciorek, a partner with Pinsent Masons, the law firm behind OUT-LAW.COM, said that the operator of this site did the right thing in letting the court decide whether he should reveal the names of these people or not.

    "The guidance is really interesting. It's possibly the first case of online defamation we've had in this country where the right to privacy has outweighed the right to protect a reputation simply because defamatory comments were trivial," said Paciorek.

    "Website operators might consider reviewing their terms of use in light of the court's guidance that a confidentiality policy can better protect your users' privacy," he added.

    Judgement viewable here

    I'd echo the comments of others, I would not reveal any information without a court order instructing me to do so.

    That letter sent to politics.ie appears to be a shot in the dark, demanding names and addresses when all that is required to register for their forums (as with most boards) is a valid e-mail address.


  • Registered Users, Registered Users 2 Posts: 2,461 ✭✭✭popebenny16


    whilst it is a simple matter to make an application to a court for an order that this information be given, the question begs itself as to what info is given. Say i have many hotmail accounts, and I post from an internet cafe in Caple Street.

    See?

    so far we haven't seen a civil case go to a judge involving Internet defamation in Ireland but i would imagine that the focus of attention would be in the ISP, as opposed to the individual poster or the publishing site - although they would be parties to a suit as a matter of course - purely on the basis that you're looking for damages in such an action. That said, the further away from the poster you go the harder the issue of causality and remoteness become.

    Interesting, nonetheless.

    Basic and simple form of defence is to produce regular and fairly strict moderation of the site in question. Once you can establish that you have done all you can do to prevent the publication, and then removed it as soon as you have noticed the publication or have been alerted to its publication then you have a fairly strong defence.


  • Closed Accounts Posts: 58 ✭✭BJJDUB


    Basic and simple form of defence is to produce regular and fairly strict moderation of the site in question. Once you can establish that you have done all you can do to prevent the publication, and then removed it as soon as you have noticed the publication or have been alerted to its publication then you have a fairly strong defence.

    Lets take a hypothetical scenario.

    A poster libels Mr. X with a post. During the time between the post and the removal of the post the content is read and the result causes Mr. X a consequential loss.

    Should Mr. X be entitled to compensation for his loss. If "NO" - Why?

    If "YES" who is responsible for providing the compensation?


  • Closed Accounts Posts: 14,277 ✭✭✭✭Rb


    True libellous posts should be reported and insta-deleted. Negative feedback, however, is a different thing and I lol at the companies taking legal action because their customers don't think good of them.

    I'd hope Boards would never disclose my personal info though.


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  • Registered Users, Registered Users 2 Posts: 6,790 ✭✭✭cornbb


    I cannot see how an internet forum could be expected to accept the same responsibilities as a traditional publisher. No team of moderators could be expected to verify the truth/accuracy of every post made in the same way a journalist is expected to verify his/her sources for a newspaper article. Even newspapers are given the leeway of publishing corrections/clarifications. Where do sites like Blogger, Wordpress, YouTube or even Facebook legally stand on issues like this? They are essentially publishers in the same sense as boards.ie.

    It seems to me that the Internet is still largely an untested legal grey area, at least in Ireland.

    On an aside, fair play to our Politics mods for avoiding potential trouble, I was always under the impression that moderation in that forum was a bit too much on the cautious side but I can see now that I was wrong.


  • Registered Users, Registered Users 2 Posts: 86,729 ✭✭✭✭Overheal


    Maybe we should just move all of the servers offshore in international waters and tell everyone to **** off we'll say what we want.


  • Closed Accounts Posts: 16,793 ✭✭✭✭Hagar


    It's quite amusing to see the might of the Irish legal system being thrown into trying to find anonymous posters on the internet who might be lying or might be telling the truth when near saturation by Gardaí (or so we are told) of a single Limerick suburb can't stop regular shoot outs between drug gangs with automatic weapons.

    Nice to see we have our priorities right.:rolleyes:


  • Registered Users, Registered Users 2 Posts: 24,924 ✭✭✭✭BuffyBot


    I'd hope Boards would never disclose my personal info though.

    If it's court ordered, they wouldn't have a choice really.

    The letter sent to to the other site is just a law firm with little understanding of how online forums work. They could apply for a court order to obtain what information the site has about the users in question, but then all they'll have is an email and IP address. They would have to get more orders to obtain that information - which is all very well if the providers are based in Ireland, but it gets even more complex if they're not.
    Basic and simple form of defence is to produce regular and fairly strict moderation of the site in question. Once you can establish that you have done all you can do to prevent the publication, and then removed it as soon as you have noticed the publication or have been alerted to its publication then you have a fairly strong defence.

    That's pretty much what every lawyer has told me about this issue in the past.


  • Registered Users, Registered Users 2 Posts: 25,243 ✭✭✭✭Jesus Wept


    Just make sure to end all posts with IMO, that way you are legally covered in the event that a law-talking-guy threatens you with a bad court-thingy.*

    lionelhutz.jpg


    Alternately encompass your post in Not libel tags as such:

    [Not libel] Bertie Ahern is a very naughty boy. [/Not libel]*

    (using strikeout further protects you).


    Or talk in code. Don't use full names.

    Legally you can say -

    Bertie A. is a very naughty boy,
    or
    B. Ahern is a very naughty boy. - And no one is any the wiser as to whom you are referring too.

    Or you can just refer to said person in your posts as 'Mr Infacteh'*


    *imo
    *imo
    *imo


  • Closed Accounts Posts: 58 ✭✭BJJDUB


    The point is being completed missed here.

    If Libel has occurred and a loss caused by that libel - then the person or entity that has been libelled has a right to recourse through the courts. ITS AS SIMPLE AS THAT !!!!!!!!!

    The question here is - WHO CARRIES THE LIABILITY? - i.e who gets dragged through the courts.

    Moderators - don't bury you head in the sand with what you think or feel should be the case - think of how the courts could deal with this situation.

    IMO:D

    In the event that a court agreed that libel had occurred the court will want to know who committed the libel. If the board refused to provide that information the court could take several actions including the possibility of holding the board responsible as it is the "media" in which the libel was published. In order to negate this liability the board would have to reveal the details of the poster - or face the liability. Couple that with the fact that the board would more than likely face a huge legal bill !!!!

    If the board doesn't know the identity of the poster - would the buck stop with the board?

    In relation to showing that you did all you could to prevent publication - how could you prove this? - publication would have occurred on a board which is in effect an open forum i.e. in reality you have done nothing to prevent the publication. This is a very difficult scenario for boards and forums.

    To suggest that using tags like NOT LIBEL is patently absurd - you cannot commit libel and then say its not libel - i.e. make a decision that would should be left to a court. Nor can you say XXXX is a naughty boy if the readers can draw a conclusion that XXXX is a particular individual.

    The most important thing here to remember is that Truth is the absolute defence to libel. Therefore someone posts something that is true - there's no problem. If somebody posts something that is libelous and that libel causes a loss to someone else then the board owners could have some serious trouble.

    The above is my opinon and is not legal advice.


  • Registered Users, Registered Users 2 Posts: 27,644 ✭✭✭✭nesf


    BJJDUB wrote: »
    The question here is - WHO CARRIES THE LIABILITY? - i.e who gets dragged through the courts.

    Indeed. Personally I think it would far more sense for the poster and not the site to be liable unless the site refuses to disclose information on the poster. I believe people should have to accept the consequences of what they post on here and not the site.

    This is not a legally informed opinion though.


  • Registered Users, Registered Users 2 Posts: 25,041 ✭✭✭✭Wishbone Ash


    I occasionally have to soft delete potentially libellous posts about Driving Test Examiners, Driving Schools and Driving Instructors. I always send a PM explaining why the post was deleted and requesting that the poster refrain from posting such material again.

    The strange thing is that recently 3 seperate offending posters all informed me, by curt PM, (after their posts were deleted) that they are "practising lawyers" and are readily available to defend their posts in court. :rolleyes:

    Is it a coincidence that these 'lawyers' have all been unsuccessful in driving tests? :pac:


  • Registered Users, Registered Users 2 Posts: 950 ✭✭✭Feral Mutant


    Overheal wrote: »
    Maybe we should just move all of the servers offshore in international waters and tell everyone to **** off we'll say what we want.
    Apparently a certain torrent site (don't think I'm allowed name it) tried to do that by buying Sealand a while ago, didn't get it though. I suggest a large wooden ship sailing just outside Irish waters.


  • Closed Accounts Posts: 58 ✭✭BJJDUB


    nesf wrote: »
    Personally I think it would far more sense for the poster and not the site to be liable unless the site refuses to disclose information on the poster. I believe people should have to accept the consequences of what they post on here and not the site.

    Exactly !!!!!

    The next point is the moderators comments on this discussion that they would not reveal the identity of the posted unless forced to by a court.

    Yet in the event that a libel has been committed the poster (who more than likely knows that the libel is just that) wants and maybe even expects anonymity - in which event the board or the owners and moderators of the board could carry the liability,

    Moderators - what are your views on the following: -

    In the event that a person libels somebody on this board - will you withhold information to protect the person who committed the libel at what could be the cost to the board, its owners and yourselves?

    The above is my opinion and is not legal advice


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  • Closed Accounts Posts: 58 ✭✭BJJDUB


    Apparently a certain torrent site (don't think I'm allowed name it) tried to do that by buying Sealand a while ago, didn't get it though. I suggest a large wooden ship sailing just outside Irish waters.

    I don't think locating servers "offshore" would work. It would probably raise a question of jurisdiction however - if the individual owners of the site or the entity owning the site is located in a jurisdiction where a libel has occurred could the court hold the owners responsible?

    www.rate-your-solictor.com has been dragged through the Irish court several times - I think the website is hosted "off-shore" but I think the main defence that has been presented is that the people brought before the courts have stated that they have no knowledge as to who owns the site. My interpretation of this could be wrong - you goto the site and read the details and form your own opinions.

    The above is my opinion and is not legal advice (I'm not qualified to give legal advice or opinion !!!!!)


  • Registered Users, Registered Users 2 Posts: 17,727 ✭✭✭✭Sherifu


    BJJDUB wrote: »
    To suggest that using tags like NOT LIBEL is patently absurd - you cannot commit libel and then say its not libel - i.e. make a decision that would should be left to a court. Nor can you say XXXX is a naughty boy if the readers can draw a conclusion that XXXX is a particular individual.
    Given the picture of Lionel Hutz it wasn't a serious suggestion :pac:

    *imo


  • Closed Accounts Posts: 58 ✭✭BJJDUB


    Sherifu wrote: »
    Given the picture of Lionel Hutz it wasn't a serious suggestion :pac:

    *imo

    You're probably right.

    But then was the post very wreckless ? - as a result of a post like that could you have people thinking - Ha I can post anything I want once I say its not libel ? - Next thing you will have boards dragged through the courts.

    By the way - Darkman - excellent topic (if the word "topic" fits the lingo - forgive me if its not - I'm a newbie to boards !!!)


  • Registered Users, Registered Users 2 Posts: 27,644 ✭✭✭✭nesf


    BJJDUB wrote: »
    In the event that a person libels somebody on this board - will you withhold information to protect the person who committed the libel at what could be the cost to the board, its owners and yourselves?

    The problem is that it's not as clear cut as either yourself or myself would like. It's not at all clear at the moment whether boards.ie is jointly liable for comments made on it. We are generally forced to moderate discussion as if boards was jointly liable because bluntly the average libellous comment made on here isn't worth the cost of a legal fight and bluntly it isn't my pocket that the legal fees will be coming out of so it's certainly not my decision to be making.

    At some point there will be a case in Irish Law where some concrete precedent is set that will make the situation clearer but until then moderators on this site at least are very much in the right when erring on the side of caution.


  • Registered Users, Registered Users 2 Posts: 15,956 ✭✭✭✭Villain


    You are responsible for what you post, Dev just like David Cochrane should not be held responsible if you post comments that could be libelious.


  • Closed Accounts Posts: 58 ✭✭BJJDUB


    nesf wrote: »
    The problem is that it's not as clear cut as either yourself or myself would like. It's not at all clear at the moment whether boards.ie is jointly liable for comments made on it.

    In many respects I think it is clear cut - maybe not from a legal standpoint - although you should look at the rate-your-solicitor scenario as there has been various legal actions although I'm not sure if there is precedent.

    Where I believe it is clear cut, is this - I think that this should be viewed from other angles i.e. ethics and morals. Would you agree that it is unethical and immoral to be part of a scenario where Libel has been committed just because you have a legal shield?

    Also from a commercial point of view - you are entirely right in these types of circumstances the moderators should always err on the side of caution.

    By the way - I just read the politics.ie legal letter - it makes very interesting reading.


  • Registered Users, Registered Users 2 Posts: 17,727 ✭✭✭✭Sherifu


    BJJDUB wrote: »
    But then was the post very wreckless ? - as a result of a post like that could you have people thinking - Ha I can post anything I want once I say its not libel ? - Next thing you will have boards dragged through the courts.
    I thought there was enough clues in the post for most to detect it as a pisstake. Perhaps I was wrong.


  • Registered Users, Registered Users 2 Posts: 27,644 ✭✭✭✭nesf


    BJJDUB wrote: »
    In many respects I think it is clear cut - maybe not from a legal standpoint

    Which is the key problem. I don't think you and I disagree that much really, it's just that if you moderate on here the legal problem forces your hand on these issues.


  • Registered Users, Registered Users 2 Posts: 27,644 ✭✭✭✭nesf


    Sherifu wrote: »
    I thought there was enough clues in the post for most to detect it as a pisstake. Perhaps I was wrong.

    I interpreted it as satire anyway. :p


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  • Closed Accounts Posts: 58 ✭✭BJJDUB


    Sherifu wrote: »
    I thought there was enough clues in the post for most to detect it as a pisstake. Perhaps I was wrong.

    You're probably right (again). But it only takes the few that are not in the "most" to think it is not a pisstake. Then again they would want to be right idiots to post something libelous ans then finish it with this is not libel and think that would cover them !!

    Maybe I things too seriously (wheres the smiley with the tears?) - then again when the possibility exists for err - eliminate it. Or at least err on the side of caution !


  • Registered Users, Registered Users 2 Posts: 8,452 ✭✭✭Time Magazine


    nesf wrote: »
    At some point there will be a case in Irish Law where some concrete precedent is set that will make the situation clearer but until then moderators on this site at least are very much in the right when erring on the side of caution.
    With what I imagine are Ireland's two most referenced/popular discussion fora now both in legal difficulties, wouldn't it be dandy if our parliament did something to clarify the situation before leaving it up to the vagaries of whosoever is on the Bench on that particular day? That said, wasn't there a slight reference to 'electronic transmission' in a recent statute regarding this sort of thing?

    I think Boards and politics.ie could do with sending letters to each of the major political parties on this issue. Unfortunately, David Cochrane's former membership of the Progressive Democrats and his association with Libertas will not garner him much sympathy from the mainstream parties. However Boards is an undeniably positive democratic* medium and as such should receive certain privileges as an innocent publisher assuming it is not negligent in its duty. This could require an adaptation of standard libel jurisprudence. More reasonably, a statute stating something along the lines of "in the presence of adequate quality controls, the burden of innocent transmission of libel in user-generated electronic media is not on the broadcaster" could be acceptable to all sides.

    *In effect, not process.


  • Registered Users, Registered Users 2 Posts: 15,956 ✭✭✭✭Villain


    BTW I think it should be made clear that the issue with the other site was comments were made that could not be seen as Fair comment as a defence under the Libel laws.

    I started a thread here a few weeks ago about Fair comment and the Libel laws.


  • Closed Accounts Posts: 58 ✭✭BJJDUB


    nesf wrote: »
    Which is the key problem. I don't think you and I disagree that much really, it's just that if you moderate on here the legal problem forces your hand on these issues.

    I think we are completely on the same page -

    My Thoughts for the moderators is to consider the possible not just the probable. Example - could a post lead to the possiblity that Boards would have to defend a legal action - If yes - eliminate it. OR Is the post unethical or immoral - If yes - eliminate it.


  • Registered Users, Registered Users 2 Posts: 11,198 ✭✭✭✭Crash


    See the problem with considering the possible, BJJDUB, is that it would literally shut this site down as an information hub. A large number of posts, because WE can't go and double check the background to them, could be perfectly correct or slightly libellous. Its very easy for deleting such posts to become well past the point.


  • Closed Accounts Posts: 58 ✭✭BJJDUB


    çrash_000 wrote: »
    See the problem with considering the possible, BJJDUB, is that it would literally shut this site down as an information hub. A large number of posts, because WE can't go and double check the background to them, could be perfectly correct or slightly libellous. Its very easy for deleting such posts to become well past the point.

    Definitely a dilemma!

    "Mr. Moderator did you consider the possibility of the post being libelous"

    If - "No."

    "Then how did can you argue that you took every possible precaution to ensure that your site was not used to transmit or publish a libelous comment"

    If - "Yes"

    "Then after consideration - you permitted the libelous comment to be transmitted or published".

    Bit of a catch 22 ????


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  • Registered Users, Registered Users 2 Posts: 6,007 ✭✭✭Moriarty


    From what I remember when I had a read about this ages ago, it was being proposed in various places that online forums and structurally similar online systems could be afforded carrier rights similar to telecom/post/courier companies who are also not responsible for what is transmitted over/through their networks. That would place responsibility firmly with the poster, as it should be.


  • Registered Users, Registered Users 2 Posts: 17,727 ✭✭✭✭Sherifu


    Moriarty wrote: »
    From what I remember when I had a read about this ages ago, it was being proposed in various places that online forums and structurally similar online systems could be afforded carrier rights similar to telecom/post/courier companies who are also not responsible for what is transmitted over/through their networks. That would place responsibility firmly with the poster, as it should be.
    Stop that pidgeon :)


  • Closed Accounts Posts: 9,082 ✭✭✭lostexpectation


    i know every time we type we PUBLISH, its pity there couldn't be lessers levels of discussion, some sort of milti-user pgp/skype like discussion board... i wonder has any 'private' board been sued, where only a limted amount of people can see it.


  • Registered Users, Registered Users 2 Posts: 2,454 ✭✭✭cast_iron


    Moriarty wrote: »
    From what I remember when I had a read about this ages ago, it was being proposed in various places that online forums and structurally similar online systems could be afforded carrier rights similar to telecom/post/courier companies who are also not responsible for what is transmitted over/through their networks. That would place responsibility firmly with the poster, as it should be.

    I would disagree with such sentiments.
    If a forum was set up purely to libel Company X, but the owner never actually posted on it, should he be entirely innocent? I don't think so.

    Online forums are not akin to "telecom/post/courier companies". Online forum owners should be (and are) well aware as to contents of their "conduit" services, as it is somewhat practical. Obviously, we don't expect a mobile phone company to be responsible for people organising a bank job just because they used their phone system to plan it. However, if they planned it on a forum I provided, and I was made aware of the planning, and I failed to remove the material, then I would be partly responsible.

    Along with ISPs, telecom/post/courier companies cannot reasonably be expected to constantly monitor all the traffic on their networks. Online forums can.


  • Business & Finance Moderators, Entertainment Moderators Posts: 32,387 Mod ✭✭✭✭DeVore


    To answer the question posed in the OP....

    1. Posters are covered by the DPA which says that one company will not release personal details to another. No matter how much the other company stamps its feet.

    2. A court order of "discovery" gets passed that.

    3. This is the very grounds on which the MCD case is being taken and defended.

    4. I'm very glad that lot so of people are realising what I've been banging on about for years. Its a pity it seems to have claimed p.ie... if anyone knows what is going on there can they drop me a PM?

    DeV.


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  • Closed Accounts Posts: 15,552 ✭✭✭✭GuanYin


    Of course you are responsible for your own posts. We view it that way, so why shouldn't anyone else.

    Regarding the issue at hand, I think we're doing ok on politics, barring a few blips which are dealt with quickly thanks to posters and mods alike.

    I do think our current policy of not discussing politics idea is extending to over this matter though.


  • Closed Accounts Posts: 58 ✭✭BJJDUB


    Of course you are responsible for your own posts. We view it that way, so why shouldn't anyone else.

    Regarding the issue at hand, I think we're doing ok on politics, barring a few blips which are dealt with quickly thanks to posters and mods alike.

    I do think our current policy of not discussing politics idea is extending to over this matter though.

    I agree in that I believe you should be responsible for your own posts. However in the case of libel on a forum site or "board" how does the victim of the libel seek recourse if the person committing the libel is anonymous or in fact using the board to hide his or her identity.

    Some moderators have stated in this topic that they would not provide the identity of the poster unless order by a court - Isn't that having your cake and eating it. - "I won't take responsibility - and I won't tell you who is responsible either" ??????????????????


  • Registered Users, Registered Users 2 Posts: 11,198 ✭✭✭✭Crash


    Well we don't really have very much information as to identifying the poster.

    Email and IP address are the only things that could really be given,boards has no clues other than those and what posts are readily available to provide identity of the poster.

    Law firms, however, don't quite seem to realise that if they want to identify someone off an internet forum, and have a case that can't be pulled apart, that they have to go through legal routes with the forum, with the isp, etc. - otherwise they're gonna have a ****e case against the person who libelled them.

    The lazier option, which seems to be taken a lot quicker, is sue the forum. Which, irrespective of whether libel is committed or not, should never be supported. because otherwise it makes a forum like this, and like p.ie completely untenable.


  • Registered Users, Registered Users 2 Posts: 27,644 ✭✭✭✭nesf


    BJJDUB wrote: »
    Some moderators have stated in this topic that they would not provide the identity of the poster unless order by a court - Isn't that having your cake and eating it. - "I won't take responsibility - and I won't tell you who is responsible either" ??????????????????

    Well, no. There's no onus on me to provide any information on anyone on this site. If they want to know they can get a court to order DeV and the lads to give out the information. Us lowly moderators couldn't give much info anyway, I don't know anyone's IP address or any more information than that which is publicly available to everyone else. Our opinions don't really matter that much, it's the admin's (ie the owner's) opinions that are law around here. We just abide by their wishes on how the site is meant to be run.

    If legal action is taken against this site, I've no more involvement in the process than any other user on this site when it comes down to it.


  • Closed Accounts Posts: 58 ✭✭BJJDUB


    çrash_000 wrote: »
    Well we don't really have very much information as to identifying the poster.

    And therein lies the problem.

    Would the board not be similar to newspaper? The editor of a newspaper has final say in what will be published and therefore the newspaper carries a burden of responsibility.

    Should the board carry a similar burden as commentary posted to the board could be far more reaching and damaging - by way of example check out the creative labs forum last night !

    By the way - I hope my comments are taken in the manner that I intend - that is, to encourage educated and enlightening debate in relation this topic. I am not anti-board !


  • Closed Accounts Posts: 58 ✭✭BJJDUB


    nesf wrote: »
    Well, no. There's no onus on me to provide any information on anyone on this site. If they want to know they can get a court to order DeV and the lads to give out the information. Us lowly moderators couldn't give much info anyway, I don't know anyone's IP address or any more information than that which is publicly available to everyone else. Our opinions don't really matter that much, it's the admin's (ie the owner's) opinions that are law around here. We just abide by their wishes on how the site is meant to be run.

    If legal action is taken against this site, I've no more involvement in the process than any other user on this site when it comes down to it.

    What would the basis of defence be for a moderator if the moderator was attached to legal action. Would it be similar to a newpaper editor ?


  • Business & Finance Moderators, Entertainment Moderators Posts: 32,387 Mod ✭✭✭✭DeVore


    BJJDub, the newspapers decide to publish after they read it. We dont get that luxury and I dont believe that we should be held accountable unless it is brought to our attention and we STILL do nothing about it..

    By the way, we dont support anonymous posting. The day someone arrives at my door with a court order for a users details, they will be met with a detailed pack, wrapped in a ribbon.

    You own your own words.

    DeV.


  • Closed Accounts Posts: 15,552 ✭✭✭✭GuanYin


    BJJDUB wrote: »
    And therein lies the problem.

    Would the board not be similar to newspaper? The editor of a newspaper has final say in what will be published and therefore the newspaper carries a burden of responsibility.

    Because we're not a newspaper. We don't report news. Boards.ie is a discussion forum. It is a site to facilitate discussion online, not direct it. A real world analogy would have us more like a pub or community hall than a newspaper or media outlet.

    Unlike print media, boards.ie has no agenda. Sure the mods have opinions, but we don't (or shouldn't) let them bias the conversation (barring the moderation of incitement of hatred/racism etc etc)

    Boards.ie mods monitor the traffic and quickly eliminates anything potentially libellous. After that, the site shouldn't be held accountable.

    If someone wants to go after the poster, that is up to them, boards.ie mods aren't part of that equation.


  • Registered Users, Registered Users 2 Posts: 27,644 ✭✭✭✭nesf


    BJJDUB wrote: »
    What would the basis of defence be for a moderator if the moderator was attached to legal action. Would it be similar to a newpaper editor ?

    I imagine that it is the admins who are viewed as being in "control". If I was brought up for libel I imagine it'd be no different than if any other user was brought up for libel. If one of the admins committed libel then it'd be more complicated I'd imagine.


  • Closed Accounts Posts: 58 ✭✭BJJDUB


    DeV.

    The fact that a board allows the publishing of comments before examination is where the problems could lie for the board in a libel action.

    PSI.

    The discussion in the pub could lead to a slander law suit !!!

    Consider this -

    If Mr. X was libelled on a forum - Could Mr. X issue a letter of claim and could the letter of claim become an "O'Byrne letter" directed at the forum, the owners of the forum, the moderators etc.????


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