Possible Liability for Internet Posts?

[Patch]

I read a little piece (Fox 5 News Las Vegas) on the legalities/liabilities of things folks post on internet forums. Although some what tough to trace, new and improved technologies, are making it easier to identify, and locate the OP. 

It was a short piece, and I plan to see what else comes of it. I know the lawyer who started it, and he is pretty good at his job. 

It does bring up the question about folks posting false stuff, or stuff that otherwise wouldn't work, that creates problems for others. Although not mentioned in the article, what came to my mind was folks asking for medical advice on forums, and recieving advice from someone not even remotely part of the medical community. 

If poor information from a forum member causes someone serious health or monetary harm, is there a liability there either for the poster giving the wrong advice, or the website owner allowing a platform for the bad advice to be given? 

Like I said, I will follow and see what this news article brings about. There are a lot of folks out there who are sue happy. 

 

[David in FL]

Another example of too many lawyers, and too many people looking for someone else to blame for their own irresponsibility.

 

[Abu3baid]

I'm thinking there should be liability if the person is getting paid for that information and is either a practitioner or is portraying himself as such.  ie not a free forum.

Other than that who would be stupid enough to take medical advice from an unknown person? No liability there IMO.

[imsys0042]

Wow.   I can see where this is useful if someone meets the legal definition of harassment or is threatening someone.   However all information on the internet is subject to some type of independent verification unless it's a known trusted source, like a professional medical organization, CDC, or a definitive resource that is trusted outside of the internet.

Or anything I say.  

[Patch]

I found more on the article. Legal liability of social media action lawsuits, according those doing the article are on the rise. 

Most of their examples used were on Face Book, but would include other social media platforms. Judges who are determing some of these suits, have to distinguish between a written opinion, or a written statement. A written statement involves facts, where as an opinion does not require facts.  It's an opinion and doesn't mean squat. A thin line there to be sure. 

Most of the suits are for wrong, and or misleading, untrue statements. Others are of wrongful character assasinations.

What I got out of the article was that if one poster post something wrong, misleading, or calls some one a name, with out saying it's "their opinion", it becomes a statement of fact(s), and they are liabil for any consequences brought fourth against them. Also the owner(s) of the website can,  in some instances be held liable for their members' posts since they provided the platform. It gets even worse if a forum appointed moderator says something poorly about another member as a statement of unsubstantiated fact. 

Yep the laws of the land are running wild, and rampant.....in my opinion.  

[Abu3baid]

4 minutes ago, Patch said:

I found more on the article. Legal liability of social media action lawsuits, according those doing the article are on the rise. 

Most of their examples used were on Face Book, but would include other social media platforms. Judges who are determing some of these suits, have to distinguish between a written opinion, or a written statement. A written statement involves facts, where as an opinion does not require facts.  It's an opinion and doesn't mean squat. A thin line there to be sure. 

Most of the suits are for wrong, and or misleading, untrue statements. Others are of wrongful character assasinations.

What I got out of the article was that if one poster post something wrong, misleading, or calls some one a name, with out saying it's "their opinion", it becomes a statement of fact(s), and they are liabil for any consequences brought fourth against them. Also the owner(s) of the website can,  in some instances be held liable for their members' posts since they provided the platform. It gets even worse if a forum appointed moderator says something poorly about another member as a statement of unsubstantiated fact. 

Yep the laws of the land are running wild, and rampant.....in my opinion.  

So, basically what you are saying is that before I say anything again on this site I should start with, it is my opinion.  :)

[Club Rat]

I could use a few $$$

I have a guy at my club who's a real pain in the "arse"

Anyone care to contribute any advise with any remedies.

Please be gentle as my arse is very sore. Butt, no pun intended, When I receive my settlement, "Beers for all my friends". 

[Patch]

17 minutes ago, Abu3baid said:

So, basically what you are saying is that before I say anything again on this site I should start with, it is my opinion.  :)

Yeah, that would be my most humble opinion.... Kind of like using that word "alleged".

[billchao]

@Patch links?

[Valleygolfer]

uh oh...Brandel Chamblee is going to hunt me down for me hating on him...

[gregsandiego]

9 hours ago, Patch said:

I read a little piece (Fox 5 News Las Vegas) on the legalities/liabilities of things folks post on internet forums. Although some what tough to trace, new and improved technologies, are making it easier to identify, and locate the OP. 

It was a short piece, and I plan to see what else comes of it. I know the lawyer who started it, and he is pretty good at his job. 

It does bring up the question about folks posting false stuff, or stuff that otherwise wouldn't work, that creates problems for others. Although not mentioned in the article, what came to my mind was folks asking for medical advice on forums, and recieving advice from someone not even remotely part of the medical community. 

If poor information from a forum member causes someone serious health or monetary harm, is there a liability there either for the poster giving the wrong advice, or the website owner allowing a platform for the bad advice to be given? 

Like I said, I will follow and see what this news article brings about. There are a lot of folks out there who are sue happy. 

 

I doubt going after some random OP would make sense financially.

By the way I've found a diet of only beer and hamburgers is a fantastic way to lose weight.

 

[newtogolf]

We are a litigious country, so of course there will be more lawsuits that involve social media.  

I hope the focus of these efforts is geared towards electronic bullying type activities, such as guys posting nude pictures of their ex girlfriends, girls s!ut shaming other girls, or even more dangerous, people online encouraging individuals to commit suicide or to hurt someone else.  

[14ledo81]

I'm gonna be safe....

Every post I make on this site in the future (and ones made in the past) "are my opinion"....

[Patch]

12 hours ago, billchao said:

@Patch links?

Just google "social media law suits". Everything is there on the topic.

10 hours ago, gregsandiego said:

I doubt going after some random OP would make sense financially.

By the way I've found a diet of only beer and hamburgers is a fantastic way to lose weight.

 

What brand of beer? I could stand to lose a few pounds.

[natureboy]

18 hours ago, Valleygolfer said:

uh oh...Brandel Chamblee is going to hunt me down for me hating on him...

Nah he's a public figure so little legal recourse. But he may get Bailey to do a 'special on you'!

[Valleygolfer]

46 minutes ago, natureboy said:

Nah he's a public figure so little legal recourse. But he may get Bailey to do a 'special on you'!

Whew, I would hate to be burned with his curling iron!

[Strandly]

If it's something you wouldn't be sued for if you were to say it to someone's face then I'm sure it's safe.  The medium really doesn't matter imo.

[Patch]

33 minutes ago, Strandly said:

If it's something you wouldn't be sued for if you were to say it to someone's face then I'm sure it's safe.  The medium really doesn't matter imo.

I think what deal is "defamation of character" causing harm to someone's reputation, or creating a bad health issue with bad information. Calling someone a name, or posting inaccurate informatio that causes one grief, that is heard, or read by a third party. The "third party" is the key. In a private conversation, you can basically say anything you want, as long as a third party is not present. 

I have also read that public figures, except in extreme situations, can't sue because of their public figure status.  

Social media lawsuits are going to rise in numbers.  It's another source of revenue for lawyers, and their clients.