Online forum posts

afatbollix

Hi

I help run an other forum. Its a very small minority sport forum so every one knows who is who on it. Recently there has been some disputes at the top of our sport and a topic has come up on the forum with both sides coming on slandering the other side, We try to delete these posts as soon as possible as they are just stirring, Now some of the regular members of the forum also said some things and now some of the big wigs wants copy's of the deleted posts.

I didn't give them over in case I break any law. I think if he wants them so bad he can go to court get papers and then I will hand them over, Should I just give them to him? Any one have some advice? I know boards.ie was in a legal battle with MCD was this the same situation were they looking for IP addresses and email addresses or did they take the forum to court as to them boards.ie are reasonable for there users?

Thanks
Mr. Bollix

Tom Young

This is not legal advice and should not be relied upon.

They may have been defaming one another but not slandering, there is a difference.

In relation to the running of a forum, whether commercial or not, it comes under:

The E-Commerce Directive which was transposed into Irish law by the European Communities (Directive 2000/1/EC) Regulations, 2003 (S.I. 69 of 2003) (the “2003 Regulations”), and specifically the host defence element:

Article 14 of the E-Commerce Directive was transposed into Irish law by Regulation 18 of the 2003 Regulations, which provides as follows:-

“18. (1) An intermediary service provider who provides a relevant service consisting of the storage of information provided by a recipient of the service shall not be liable for the information stored at the request of that recipient if -

(a) the intermediary service provider does not have actual knowledge of the unlawful activity concerned and, as regards claims for damages, is not aware of facts or circumstances from which that unlawful activity is apparent, or

(b) the intermediary service provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.

(2) Paragraph (1) shall not apply where the recipient of the service is acting under the authority or the control of the intermediary service provider referred to in that paragraph.

(3) This Regulation shall not affect the power of any court to make an order against an intermediary service provider requiring the provider not to infringe, or to cease to infringe, any legal rights."

This is a common defence to defamation proceedings in the Courts and was tested in case known as Mulvaney v Betfair. The defence is called the host defence.

The test: Can be ascertained from the section quoted above. If the host has knowledge of actual or alleged defamatory material [Reported or Moderated] they have a duty to act to remove or stem the alleged defamation, thus protecting their own interests and not losing the Defence by failing to act on say, a reported post or material.

The assumption is generally that the host may not know about the material until reported or moderated. The host is generally not responsible for the content posted, unless it is reported and not actioned e.g., deleted.

On the basis you knew little or nothing about the above.

You do not restore or hand over deleted posts, period. The reason for the deletion will more than likely be either in your own knowledge or some other moderator's on the basis or a report or a suspected issue with the materials posted. If reported and actioned via deletion, leave down.

I think if he wants them so bad he can go to court get papers and then I will hand them over, Should I just give them to him?

No, but seek legal advice via a solicitor on this. A Court Order is serious.

Any one have some advice?

We don't do legal advice here, but the above is of use to you in deciding what not to do.

I know boards.ie was in a legal battle with MCD was this the same situation were they looking for IP addresses and email addresses or did they take the forum to court as to them boards.ie are reasonable for there users?

Anything done subject to a Court Order is a separate matter. You should get advice and as far as you are concerned you are a host.

Contact a solicitor and take advice specific to your forum etc.

maidhc

FYI:
http://www.bailii.org/ie/cases/IEHC/2009/H133.html