Hello blogmad,
As noted in the disclaimer at the bottom of the page, answers and
comments provided on Google Answers are general information, and are
not intended to substitute for informed professional legal advice.
As best I can tell, the short answer is maybe. On the one hand, it
seems that owners of sites similar to wikis (blogs with comments,
bulletin boards) are protected in general from liability for postings
by third parties. On the other hand, it also seems that at least some
courts are willing to find liability for libel in some circumstances,
such as where the webmaster exercises some control or editing ability.
"Internet Sevice Providers and Webmasters: Zeran v. America On-Line,
Inc., 129 F.3d 327 4th Cir. 1997"
Netlitigation
http://www.netlitigation.com/netlitigation/cases/zeran2.htm
"Internet Service Providers and Webmasters"
Netlitigation
http://www.netlitigation.com/netlitigation/isp.htm
"Decision bolsters online-publisher immunity," by Paul Festa (June 23, 2004)
C|Net News.com
http://news.com.com/2100-1024_3-5245395.html
"Bloggers Gain Libel Protection," by Xeni Jardin (Jun. 30, 2003)
Wired
http://wired.com/news/politics/0,1283,59424,00.html
This appears to be a developing area of law, and so you should watch
for further news reports, cases, and legislation.
- justaskscott
Search strategy --
Searched on Google for combinations of these terms:
wiki
liability
libel
wikis
blogs
zeran
"communications decency act"
carafano |