Does anyone know if it is possible for someone to slander a member of a a forum who posts under a nickname with nobody actually knowing who they are... or is this scenario as ludicrous as it seems? How can you slander someone whose real name is not even known?
"If you think something is libelous, then edit it out with words like opinion and allegedly Opinion is not actionable as it is opinion not fact." Ebay and Yahoo will not edit statements unless they go against their TOS because it can potentially MAKE them liable. They will only remove certain content with a court order. Once you start editing posts, you can be held responsible for the posts you don't edit. The argument is that you are merely hosting the service and that comments are NOT edited - other than if a TOS has been discovered or brought to their attention. If you leave up a comment, it could be argued you didn't because you agreed with it or thought it was true. Removing a particular post will limit your potential liability for that instance - and forum owners are generally protect against coments they did not post but once you start editing posts, you can set a standard to edit all posts. Comments stated as an opinion CAN be actionable. Try naming a real CEO of a company and say that you are of the "opinion" that he molests little boys on a regular basis. "then all you have done is repeat the allegations" While generally true, there is case law that goes against this. "For most cases to succeed, they have to prove negligence" They just have to prove it wasn't true. It doesn't matter if 99% of what you stated was true, if 1% wasn't. You don't get off the hook just because you "thought" it was true. Newspapers can have protection unless you can show they acted with malice. Damages have to be shown, unless it is a case of Libel Per Se, i.e. saying a business man is dishonest or has a sexual disease. Such statements are automatically considered harmful. Laws vary by state and where your site is hosted or where you operate plays a role in liability.
I would think to a point, yes, Sam, but it's a little like those signs that say "we are not responsible for damge to your {car, coat, iguana, baby, pickled egg, etc.}" -- it's probably more a cautionary statement than any real release from liability.