Legal Question in Technology Law in New Jersey

I have an online website that delivers email for my users. My product is private email delivery. The "User" can send email to their specified recipient directly from my website. That being said, I have a disclaimer on the email saying that I am not responsible or affiliated with the content of the email, and I have articulated TOS on my website as well.

My question is: Can my company be held accountable if a "User" sends a threatening message to somebody else? I don't see how I could be since Facebook, Twitter and all the other social media sites do not have any Language Filters in this form of protection but I am not sure.

Thank You!


Asked on 1/18/11, 11:20 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

You should have a lawyer look over your business model. Genuine ISPs and providers of news have protections that insulate them from liability from most suits for defamation. However there are other content-based crimes and torts that are treated separately. What you know about why your customers would use such a service can have a bearing on the result. Additionally, you probably need to know exactly how to respond to a subpoena that requires you to disclose the identity of your customers because you might have liabiltiy in either direction on that issue.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 1/23/11, 10:21 pm


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