freedom of speech

Discussion in 'Legal Issues' started by candychip, Sep 20, 2008.

  1. #1
    I just need to have your opinion

    that i have forum which discuss politics reviews etc.

    if a member post negative about any product person organisation

    then do we come into any legal parameters form any side

    what we need to do to protect ourself from legal action?

    what does freedom of speech means and what limits it has?
    does a website owner is responsible for remarks made by any individual ?

    on the other hand press always says something about someone which is most of the half truth or misrepresentation of facts

    and most of the time they interview common man who uses rude language against mark

    thats how how media conveys negative about someone is it legal if they can do why cant we do?

    Please advice me
     
    candychip, Sep 20, 2008 IP
  2. Nonny

    Nonny Notable Member

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    #2
    What country are you in? What country is your forum hosted in? It can make a big difference.

    For example the libel laws in the UK are more favorable to the person who claims to have been libeled than in the United States. In other countries, some kinds of speech may even be considered criminal.

    "Free speech", at least in the United States, means that the government cannot pass laws that interfere with your freedom of speech. However, it does not protect you against claims of libel or threatening speech, etc. And even if you are in the legal right, you can still be sued or shut down by your hosting provider. You need to find out what your legal liability might be and moderate your site accordingly. You need a clear privacy policy that states what information you log and whether you will turn that information over to law enforcement if subpoenaed. You also need to consider how you will protect your site from hacking, since some people and organizations might take that route in retaliation, rather than taking you to court.
     
    Nonny, Sep 20, 2008 IP
  3. candychip

    candychip Active Member

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    #3
    Thanks,

    1) my server is in US
    2) I am in India
    3) fundamental right of speech is in our constituion

    4) mine is a forum as i said and comments form members can be offensive, also

    i currently moderate whenever i find such post or if reported abuse.

    but some matters like political discussion and communal discussions

    things like
    blaming political parties/leaders
    political decision
    product review feature

    are these under freedom of speech can normal member express his her opinion on any issue which is directly or indirectly related to them


    or my site needs accredited from a press organisation or any authority?

    voice of citizens? is the logic behind this forum on different issues what they like or what they dont like

    can it go wrong? and if something wrong is posted then its my duty to remove it immediately or i have to remove it when i am referred that this is objectionable?

    because i wont to remove anything which some one think is objectionable, if i am told.
    but if something don't get in my notice and i am booked for that post.?

    can this happen?
     
    candychip, Sep 20, 2008 IP
  4. Nonny

    Nonny Notable Member

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    #4
    candychip, I don't know about the laws in India, but this article might be relevant to you:

    http://www.ehow.com/how_4490614_google-india-blogger-identity-case.html
    Google has not complied with the court order, but remember that 1) Google can afford to hire the best attorneys 2) Google headquarters are in the United States

    You need to speak to a lawyer who has expertise in Indian law and the internet and not anonymous people on a forum.
     
    Nonny, Sep 20, 2008 IP
  5. stmiki

    stmiki Peon

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    #5
    Obviously Google isn't going to comply. Primarily because they don't need to. India is pretty much a powerless country compared to Google & the USA

    Google's net is probably double that of India's
     
    stmiki, Sep 20, 2008 IP
  6. 1-3-3-7

    1-3-3-7 Well-Known Member

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    #6
    Yeah but in that article it's the blogger who wrote the content apparently. The OP is talking about people on his/her website making statements which may cause problems. I think if you add a disclaimer saying that the owner of the website does not endorse such comments and that they are solely the opinion of your members, then you should be fine. Add this in the homepage or somewhere visible.
     
    1-3-3-7, Sep 20, 2008 IP