Soldato
- Joined
- 13 May 2003
- Posts
- 8,986
Public Forum has a legally understood meaning different to the plain English words. I don't know if an internet forum meets that bar like I say I don't know the case law. A lay mans reading of the description leaves it as dubious if internet forums are "public forums" and asserting you are not responsible in the terms of service is not a protection unless it is backed up by some existing case law. But in most cases I imagine internet forums fall into the sledgehammer to crack a nut category and wouldn't fight a request for removal and have such low visibility that it is difficult to demonstrate slander/libel (don't know which applies here assume libel as printed).
The social media giants though have defined themselves as "public forum" and asserted protection from legal proceedings on that basis and appear to be acknowledged as such. So if someone assert "insert celebrity here" is a slapper on YouTube they don't get sued the Tuber does. But if they were publishers they would be responsible for the Tuber's comments. They have claimed defence against proceeding because they are "public forums" now that is fine and dandy whilst they are neutral. Soon as you started making editorial decisions beyond meeting local legal requirements the question is are you a publisher? Some people myself included think the definition and requirements should be cleared up for the social media giants so they aren't acting as publishers whilst claiming the protections of "public forum" then it becomes their choice how they wish to act.
The social media giants though have defined themselves as "public forum" and asserted protection from legal proceedings on that basis and appear to be acknowledged as such. So if someone assert "insert celebrity here" is a slapper on YouTube they don't get sued the Tuber does. But if they were publishers they would be responsible for the Tuber's comments. They have claimed defence against proceeding because they are "public forums" now that is fine and dandy whilst they are neutral. Soon as you started making editorial decisions beyond meeting local legal requirements the question is are you a publisher? Some people myself included think the definition and requirements should be cleared up for the social media giants so they aren't acting as publishers whilst claiming the protections of "public forum" then it becomes their choice how they wish to act.