Legal Question in Technology Law in Texas

Disclaimer of Liability for Web Design Content

I am designing a website for someone who intents to write a tabloid about people that he thinks have violated codes of ethics, basically to warn others about the events that happened so that others don't fall into that same trap.

This would be slanderous for the person he is writing about and could leave himself available to be sued. He has agreed that he will write the content of the website and that I would only be a distrubitor of the information.

I have written a disclaimer of liability, but i am not a lawyer. Can I be held liable the content of the website even though he is paying me to create the site with his documents ?


Asked on 7/18/99, 11:14 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Disclaimer of Liability for Web Design Content

A disclaimer is of no effect in a defamation case. You can't avoid liability for libel or slander by just saying you won't be responsible. If that were the case, every newspaper would just publish a disclaimer and then they could libel anyone.

If you are a knowing participant in a defamation perpetrated by your client, I think you are likely to be named as a defendant in any lawsuit. After all, you would be knowingly providing the means for the libel to occur. You would, in other words, be a co-conspirator kind of like you gave a gun to a murderer knowing he was going to commit murder with it.

Think about it and common sense will tell you that what you contemplate is wrong. As between you and the victim, who do you think will be judged the wrongdoer? You have the power to not be involved. The victim does not.

You are wise to question whether you should be doing this.

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Answered on 7/21/99, 10:32 am


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