Posted by Kendall Raine on February 11, 2002 at 14:09:20:
In Reply to: Re: Things must be really be bad in PADILAND posted by Chris on February 11, 2002 at 12:42:32:
I'd love to here from one of the lawyers on here about the guidelines for libel and defamation and the accountability of a BBS operator for the content of the BBS.
Put another way, are we to infer that Chris could be held liable for remarks made against PADI or anyone else by a third party (e.g. MHK)participating on his BBS? That sounds grossly unfair but I don't know the law.
Some additional questions:
Can you be held to have committed libel if what you say is true?
Who bears the burden of proof as to the truth of the statements?
Are views articulated as personal opinions actionable?
Who bears the burden on damages? If damages can't be proven, can one still establish a case for libel? Is there case law on damages arising out of an unedited BBS/chat room where opinions expressed are those of the writers only. I've heard of actions brought for securities law violations by people trying to manipulate stock prices, but this a seems trickier.
Informed responses, please.