Legal Question in Technology Law in California

Liability & Disclaimer

I'm launching a website that will allow visitors to post about anything, from a product review to commenting about someone else, talking about others, sharing rumors, etc.

The site will not store any information about visitors and all comments/posts will be anonymous.

If negative comments are posted about others, can I be liable? (for example, teacher A in school B is a petafile and i've seen him eyeing all the kids in his class) Do I need a customized disclaimer? (this function of posting anything about anything already exists and users can do this in many sites, including blogs. So I'm not reinventing the wheel here, just providing another forum)

Let me know if you offer disclaimer writing service.


Asked on 3/25/08, 4:03 pm

2 Answers from Attorneys
Cathy Cowin Law Offices of Cathy Cowin

Re: Liability & Disclaimer

A disclaimer would be a good idea. Yes, I have done this for other websites.

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Answered on 3/25/08, 4:09 pm
Timothy J. Walton Internet Attorney

Re: Liability & Disclaimer

Generally, federal law provides immunity to web site forum owners for defamatory statements made by unrelated third parties. 47 U.S.C. section 230. See also Zeran v. AOL, 129 F.3d 327.

Web sites should have disclaimers specific to their particular situations. Copying Yahoo's disclaimer will not help you because your situation is not the same as Yahoo.

I have been writing web site legal policies for more than ten years. My firm has a flat rate package for such forms, including terms of service, privacy policy, refund policy, click-wrap agreement, copyright notice, and affiliate program. Please feel free to contact me for more information.

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Answered on 3/25/08, 5:33 pm


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