Recieved a legal notice!!
 

Here's the story. We run a community-based forum and have a chit chat about daily news, current affairs etc. Back in 2008, we posted a story and had a chat about a guy who killed his wife. This story was in the media too. The alleged killer was later released on bail and the case is still in the court. So basically, the alleged killer hasn't been cleared of the crime yet - he's just out on bail

Now the lawyer of the alleged killer has contacted us and asked us to remove the topic claiming it has caused his client severe trauma and all that bullshit. He has given us one week to remove the notice otherwise he's going to take the matter up.

Even though removing the content won't make much difference to us, I'm peeved that a lawyer can come and tell us what to do. The website is hosted and run in US so we should be safe under free speech. I don't want to take the thread down. What do you guys think?

I have no legal experiance at all, however unless there is slander/libel in the posts, there won't be anywhere to take it up to. I don't think that internet harrassment laws can apply since you've had no direct contact with the client.

Personally, I'd offer to IP ban the client from the website to avoid any further trauma by him accidentilly reading it. However, since the reason the lawyer is probably doing this is to try and remove any bad press that might be seen by a potential jury member that probably won't be acceptable :p because of that it seems very unlikely that the lawyer would want to take it any further as it would risk more bad press.

At the end of the day, its your ass on the line, so its probably a good idea to speak to a lawyer of your own to get legal confirmation of where you stand.

You should really ask a legal professional this question. All answers you will get here will be opinions.

You will need to remind yourself that maybe he has not been cleared yet, he also has not been convicted. This has probably nothing to do with freedom of speeche but with libel.

Thanks, guys. I just need some informal advice and opinions. I wouldn't bother with getting a lawyer cos I could save that cost by just deleting the thread.

I had a similar thing a few years ago

A member started a thread asking if anybody had heard of company XYZ, the member had found their website and seen some very cheap prices so asked the my community about them. Nobody had heard of them but some expressed concerned on the basis of "too good to be true", the companies domain being registered to a private individual, no physical contact information available on the site, the company not being registered with any authorities.

The thread rapidly disappeared and was forgotten, however because of my amazing SEO skills :) this thread was ranked higher than the companies own website in Google - as a result of this my site appeared on their radar - rather than contact me to discuss in a friendly manner I received a cease and desist notice from their lawyers.

They could have easily heeded the advice in the thread, put up some contact information etc etc and made good of the issues potential customers had identified. However they chose to go down the legal route first.

My first reaction was to leave the thread in place, however after giving it some more thought I decided that I really didn't want the hassle. So I edited and closed the thread with a "thread edited/closed due to legal threats from company XYZ" message post. The lawyers were happy with this, issued closed.

However, the thread still ranks higher than the company and IMHO now shows an even worse picture of the company.

They can't, and he has no legal right to make or tell you to remove the content from your site. Leave it there, call his BS bluff and when he attempts to have you take it down, counter sue and profit.

He'll have to file the complaint in your home city court system, so even if he does you can just go show up answer his questions, tell the judge that the posts on your site belong to the users and not you, and they fall under freedom of press (not speech).

I wouldn't remove it, I'd leave it there and continue to operate as normal.

Thanks guys, we took the original content out but left the discussion there. The guys is cool with that. I realize that we probably would have gotten away with not deleting the content but we didn't want to get into that and spend our energies when there is little at stake.

Out of interest, does your site turn up in google's top ten/twenty when you search for the guys name? or search for thigns relevant to the case; maybe his wife's name?

Yes, it does. That's why I'm pleased that SEO is working.

I wouldn't have removed it, as I have never heard of a forum being held accountable of its users views :rolleyes:.

More than likely, they were just trying to bully you into removing it, which I've had attempted with me in the past.

Stop being a troublemaker, once removed there's a problem less on this difficult world...
You have to able too, to wear others' shoes...

not true at all, a forum owner does have a responsibility of what is on their board, even if it was posted by a member.

That's the funniest thing I've ever heard. I'd have laughed right in the lawyers face.

https://vborg.vbsupport.ru/external/2010/02/2.gif

If the story is published in a local paper, or was broadcasted on the news, then there is nothing that any lawyer can do about you having the news posted on the net.

My idea on this is "I have no control on what my users post." If a member posted it then they did.

That argument would not stand if such an issue was taken to court.

You are maybe not in control what your users post, but as a site-owner it is your responsibilty to remove illegal content.

ignorance is not a legal defense, as the owner of the board ultimately you are responsible for the content. :)

However, from what the OP posted, there was nothing illegal about the content in question.

I agree, if you're just re-publishing an article that has been posted online the only one that could ask you to remove it would be the original source/author if you copied it from them.

Re-publishing libel is exactly the same as publishing libel.

*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.

Once heard a joke about a fella hiding in a fridge, and then thrown out the window.