Who is legally reponsible for the content of community sites

James Farmer at incorporated subversion raises some real issues about community sites and where the responsibility lies, he concludes:

Essentially my thoughts are that if the site:

-Makes fully clear that users are responsible for their own content
-Frames / positions the site in such a way that it is clearly understood to not be pre-moderated or even ‘post-screened’ content
-Has a clear notice on the site (or indeed on each piece of content) stating where complaints regarding libellous / defamatory content should go
-Immediately investigates and takes appropriate action in the case of a complaint

There should be no liability taken on by the provider of the service.

Sounds fair to me, but how does it stack up legally?

Comments

[Bob M]

Probably depends upon the jurisdiction where action is taken.

The case of Dow Jones & Company Inc v Gutnick [2002] HCA 56. is an interesting one.

Here's a commentary by Jeffords and Zeitler:

http://www.nswscl.org.au/journal/50/JeffordsZeitler.html

and a quote from Jeffords and Zeitler about what the High Court of Australia thinks:

"In dismissing Dow Jones' appeal to the High Court, the Court held that an online document is published in the jurisdiction where it is downloaded and viewed, irrespective of where it was uploaded or where its web servers reside."

I reckon that means that when it all goes pear shaped, that everyone with any money associated with will get sued by a defendant who is well lawyered in the jurisdiction which most favours the plaintiff.

In this instance, Dow Jones are the owners of the online Wall Street Journal where the allegedly defamatory material was published.

[James Farmer]

So in that sense it's almost impossible to say 'it's like this' in the US or 'it's like this in Australia' as you've got the potential to be sued wherever.

To me this reinforces the 'common sense' approach, something that can be broadly defended rather than specifically OK within a particular jurisdiction.

Perhaps?