May have a legal issue?

[sorrynerd]

I'm pretty new to the whole legal information for websites, but a website I helped develop is up, and its kind of vulgar in some ways.

You can go to www.planetdouchebag.com or http://www.namepros.com/web-design-reviews/319895-planetdouchebag-com.html to check it out.

My question is since we only created the site, and we are not posting the contents on the site, would we be held liable if there was ever a lawsuit say for destroying someones character or something?

We dont really have a TOS or Privacy Policy up yet, but we do inform people that they are responsible for their own content upon registering.

Any help would be great,
Thanks.

 

[fonzie_007]

You are liable for your actions under the law. You can help reduce the chances you will be sued (and increase your defense if and when you are sued) by putting up TOS and Privacy Policy. Get a TOS up ASAP; however, note a TOS will not not offer protection from all claims.

 

[sorrynerd]

Ok, Thanks.

 

[labrocca]

You are liable for your actions under the law.

And the DMCA protects you for OTHERS actions even on your website. Also there are certain free-speech rights you have. What you SHOULD do is read about libel laws...this will give you a better idea of what you can't say or do.

 

[Ronald Regging]

I thought about making a site similar to this before where people could comment about their incompetent bosses/coworkers I like the concept personally. I think as long as you put up a TOS explaining that the site is intended only for members to post opinions or true facts about people, it'll reduce your liability. Libel is one of the hardest things to sue someone for, because you essentially have to prove that a person knowingly made a false statement about you that caused you some kind of damage. If you personally aren't making any statements, I think it would be extremely hard for someone to sue you. There have been some mixed rulings on sites like these, most in local courts where the legal opinions may be more easily swayed. For instance, someone in my local town operated a site, which targeted local political figures, and the guy got sued and lost. Even though political figures are considered public figures and therefore not usually afforded as much protection under libel laws, as well as the fact that the guy wasn't making false statements... So I guess it just depends, thats all I'll say

 

[Fka200]

Oh God, I have to post my friend up on this website.


Great Idea/Legalities... not so sure. It might piss off some people.

I think a TOS would be good, and if you have any serious problems, just remove the name.

 

[bluesman]

Back in the day, you'd simply be advised never to post negative (ie "bad light") things about real people, especially if they're ultra-rich real people who like to sue a whole lot.

But recently, those wild and wacky WIPO guys and gals have been okaying "suxsites," so now many of us old school domainers are just shaking our heads in shock. Somewhere along the line we suddenly went from "don't say anything bad about that holy guy Pat Robertson" to "ya, we find nothing wrong with patrobertsonsucks.com" !!!