Legal Question in Civil Litigation in Florida
Who is liable for slanderous comments on a forum?
If a forum is set up as a place for complaints about other individuals and it is found that a member of that forum has lied about another individual, can the forum administrators be held responsible in anyway for the slanderous comments made by the member?
1 Answer from Attorneys
Re: Who is liable for slanderous comments on a forum?
Maybe, maybe not. I think such a case would be factually driven, and no facts are given here to make any such determination.
In general, a plaintiff may in good faith include in a complaint all possible causes of action against all parties who may be liable. Then, they wait to "see what sticks" in court. Under various theories of vicarious and contributory liability, I think the forum administrator could be a named defendant. Whether they would be held liable (in whole or in part) is for a judge to decide. Additionally, even if the a defendant is found liable, that same defendant may in-turn recover all or a portion of its liability from another party(ies) (in this example, from the author(s) of the defamatory statement(s)).
There is no straightforward answer that I can see in this situation.