*cough*

ISP Demon in the UK hosted a newsgroup and someone posted something libellous on there. They defended their refusal to take the information down after several warnings that it was regarded as libel on the grounds that it's impossible to police everything. The high court failed to agree, since they'd had a number of warnings from the lawyers representing the slighted party.

Not US law, but it does provide some insight into the legal mind.

Rapscallion

If someone takes the time to contact you about content they find objectionable, especially if the content is about the person who contacted you, you should put your feet in the shoes of the other person and remove the offending post. Consider how you would feel if the situation was reversed. Legal fights and expensive fees to lawyers are a waste of time and energy, cause unnecessary stress, and are mostly ego driven.

As an example, we were recently contacted by a user who complained that one of the ads served (via a third party network) to our non-registered users was offensive and not suitable for work (a gaming ad with a woman in a sexy bikini). Personally, I did not find the graphic offensive. However, my thoughts was that if a user feels a graphic is not suitable for work (NSFW) and they are uncomfortable with it, and they take the time to contact us, and they present their views in a "nice way" (which they did), they I was more than happy to block those third party graphics.

At the end of the day, our team felt good we had helped someone at work, even though we disagreed with his NSFW assessment. Maybe his work environment was hypersensitive. And, the user felt good we had responded to his concerns. Legally, of course, we did not need to do it; but I think you will be much happier if you think less about what you can post "legally" versus what is offensive to users and the community.

It sounds like you have a busy forum and you have been contacted one time and asked to take down a post. Since that person took the time (or his lawyer) to contact you, why not simply say something like:

"Our forums do not have a policy of censorship and we do not feel the post is offensive. However, on a personal basis, we want you to be happy and as a personal favor, we will take down the post..."

It sounds like you used an approach similar to this, and I think, in the long run, you will be happy you did. Congrats on the right decision, in my opinion.

If you live in the US its freedom of speech. They would be violating your rights by making you take down the thread. Personally I would consult a lawyer and then tell the other lawyer to fly a kite!

Stop being ignorant. http://en.wikipedia.org/wiki/Defamation

Can you please remove it? :rolleyes:

it's the easier thing to do if you think 2 seconds...

So this guy had a problem with the story itself, or what your members were saying about the story? I can't imagine anyone would have the legal power to have someone remove a news story that's readily available anywhere.

I'm curious about the particulars of the story now. Sounds like a good read.

Am I the only one to think that maybe surfing at work is either against terms of an employment contract, or just damned risky anyway?

I'll hold up my hands here and admit to being a tea-drinking Limey, but even I am aware that the rights involved are ones where the gubmint are prevented from preventing free speech. I've had that argument a time or three, most notoriously with someone claiming they were protected by the US constitution because they were posting from the US, despite the server and owner being in another country.

Still makes me laugh thinking about it.

Rapscallion

I had a user post in 2002 about the "stupidest criminals of 2001", it posted the guys name. he did his time and was released. it was a very minor crime, trying to steal a TV, but hid in a freezer, about died because of a latch. The guy contacted me, and I felt bad for him.
He paid his due to society, so I removed the post.

Sometimes ignorant principals get in the way of progress.

The user complained, or the dead guy? :D Was he cold? Cold as ice?

Nope.