Legal Question in Technology Law in Maine

Re: Internet libel

It sounds like you've done quite a bit of research. (I have not).

First, let's clarify some terminology. If it's posted on a website, printed, recorded, broadcast, etc., it's LIBEL. 'Slander' refers only to spoken-word forms of defamation.

Defamation (either libel or slander) involves the publication of FALSE information about a person, which causes them injury (to reputation, etc.)

If the information is TRUE, even if embarassing, damaging, etc, it is not actionable as libel.

If the information is OPINION, and is not purely conjecture, (i.e., the person posting the information has a good-faith basis to have formed the opinion in question), it is not actionable as libel.

Here's an example of a libelous statement: "Dr. Smith has been disciplined by the Medical Association for poor sterile practices and misconduct toward patients." (when in fact, he has never been disciplined)

Here's an example of a statement that's probably NOT libel: "Dr. Smith is a quack! Considering the quality of care he gives, his fees are way too high!" or "Dr. Smith should have his license to practice medicine revoked."

I don't believe either the Code section (you don't mention which TITLE of the U.S.Code is involved), or the California Supreme Court case reach as far as the circumstance you've described, in which the website actually asks its readers to post negative reviews of doctors, etc.

What you're referring to might be considered 'incitement' of the libelous postings.

I think, however, that the safe harbor offered by these laws would in fact cover such situation unless there's some proof that the website operators actually knew or should have known that they were getting FALSE factual information. Certainly no take-down will be required until the ALLEGATION of libel is substantiated with evidence that the information is FALSE.

If you think you've been defamed by this site, you should definitely contact an attorney! Many jurisdictions have requirements for formal retraction-demands, etc., before a lawsuit can proceed. There may also be time-limitations on filing your suit.

Re: Internet libel

For a good discussion of some recent 9th circuit work on t47 USC 230 cases... see Prof. Eric Goldman's blog at http://blog.ericgoldman.org/archives/2007/05/ninth_circuit_s.htm

Re: Internet libel

You need to have an attorney prepare and review your terms and conditions for use of the site. You should also contain language concerning take down procedures and the like.