Legal Question in Civil Litigation in Australia
Liability for moderating an Internet discussion board
I am a co-owner of a free website that hosts a discussion board. There is no charge for using it, but particiants must agree to our rules and register. The main rule is against incivility toward other participants. We have an Australian member, who is a published author, that has violated this rule several times, and we finally gave her a two-week suspension. Without asking further questions or appealing the decision she writes: ''Please note that I will have to take legal steps should you decide to 'try' me in secret.'' She does not make her meaning any clearer than this, but the threat of ''legal steps'' gives us pause, and we'd like to know if we are actually in any danger of any possible litigation. We have not discussed her publicly by name or otherwise, nor have we discussed the incident with others. Though pressed by other members of the board, we have not given any explanation on the incident, nor do we intend to. We are divided amongst ourselves as to whether or not to inform the offender why we took the action we did, but we don't want to make our situation worse. If anyone can help, by all means--we'd love to hear it.
Thank you!
5 Answers from Attorneys
Re: Liability for moderating an Internet discussion board
It depends on where you live. If you live in the US, the offering of a free web service doesn't require you to offer it to everyone or forever. She doesn't have any vested rights - she didn't pay anything and you aren't discriminating on the basis of race, gender, religion, etc. You can likely exclude her simply because you don't like her email address, or because you don't like the way she writes, or because you simply feel like it.
And practically speaking, what's she going to do? Sue you in Australia? For what, access to your site? And who cares? What can Australia do if your hosting is in the US?
Let us know if she does anything. We'll help you out.
Re: Liability for moderating an Internet discussion board
The Internet is a complicated issue and perhaps my colleagues who practice in that realm could jump in, as well. Australian law might well be different than U.S. law. Nevertheless, if she didn't follow the rules and, by participating had agreed to them, and you warned her, then you should be entitled to do just as you did, with discretion. I know of huge companies that do the same thing on their chat boards.
Re: Liability for moderating an Internet discussion board
I frankly...do not see incurring any liability in your part...but for future...in your agreement with users...you should specify the venue in the event of a dispute or litigation should be in California.
Re: Liability for moderating an Internet discussion board
your unilateral action could amount to a denial of natural justice. that could give rise to a remedy at law.
but I suspect the banned member would be hard put to demonstrate any damage or detriment arising from your action.
further by agreeing to your rules the member has submitted to them and if the rules have been fairly and consistently applied I do not see that any issue arises from your action.
the complaint smacks of bruised ego and bluster
Re: Liability for moderating an Internet discussion board
My thoughts are that anyone can sue, that doesn't mean they will win. My bet is that this person is a nut and is all talk. I help start ups with good legal advice and/or managment consulting. Contact me.
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