Defamation On A Community Forum

[dprint4u]

I live in an HOA community. One neighbor is admin to a forum he promotes to the residents with flyers etc.

How much liability does the administrator of a forum have by allowing anonymous posts?

The administrator in this case does encourage people to post and defame 3 members of our community.

Would he be responsible for the anonymous posts for allowing the libelous posts to appear?

This forum also has made it perfectly clear to whom they are referring to with nicknames such as MagHo, weed, scum, maggot, street names they live on etc. The administrator has banned at least 2 of the victims from registering, and blocks their IP address from viewing or responding in any way. The administrator has programmed the forum software to replace their names with nicknames like “The Liar” “Boy” “She” when they are posted.

Many of the posts suggest Fraud, embezzlement, misappropriation of funds, The posts have encouraged residents to call the police, and other government agency's, licensing board, county officials, the media. To file complaints.

Here is just a small sample of the posts (these were not the worst ones) which are posted daily.

Post Sample
Geesh there is only one idiot in this entire neighborhood that spells lawsuit "lawsuite". You are a fraud to close down your website and post over here, all the while playing the victim. It won't be long before your loyal supporters join the ranks of phase 1 and see what a sick, power hungry and delusional person you really are. Go away and post on your own website MagHo.

Post Sample
Where is his big mouth now? Haven't heard from him. Got his **** rooster stuck in a ant hill? One by one they
fall. The "COUNT" girl will be next. Maggots don't last long eventually they turn into FLYS!!

Post Sample
This kind of thing won't stop until she runs it, until her boy is running it, until Mag owns it (or can act like he owns it AGAIN), or she goes to prison. Where she will try to harrass us into letting her run it, or, do what she's doing now, try to harass everyone who isn't working for Mag off, from her prison cell over the air card she'll smuggle in.

Post Sample
Does anyone other than the nice lady on Scanlon who follows Magland around like a dog, the realtor she infected with her lies, guest names they use care about what is posted about her? There's the steaming pile over on Madelia, but, he doesn't count.

Post Sample
And to think, I use to like Peurto Ricans until she came along....

Post Sample
To all the good Puerto Ricans, I apologize. But please, send a boat for her...we have had enough

I understand that this behavior is not very becoming of adults.
Thank you for reading this post and any suggestions I would be grateful.

[Mr. Knowitall]

Recall how when you were posted you were itold that laws are different in each state, and asked to identify your state? That's because laws are different in each state. If you don't want to follow that instruction, beyond generalities all we can do is suggest that you talk to a lawyer in your state.

Generally, a person operating an online forum cannot be sued for posts made by members. If that person is making such posts, or is encouraging them, that can change. (That's where state law may kick in.)

[dprint4u]

Sorry

North Carolina

You are not required to register for the forum anyone including you could post what ever your heart desired without any consequences. People have posted affairs between neighbors which did not happen, posted criminal charges as fact not opinion which have been manufactured and are not true, etc.

would theses anonymous posts be the responsibility of the admin? The admin would be the only one who could delete or edit these anonymous posts.

With the reference to race would hate crimes be considered. I have over a ream of paper printed with the last 12 months of these posts and it has been going on for 3 years. Yes I am one of the victims. I am looking for advice and help.

[Mr. Knowitall]

If the site owner is making such posts, or is encouraging them, the site owner may be liable.

[dprint4u]

Thank you for your time on this matter.

You are a great help.

[Rexxfield]

If the admin person modifies the posts in any way I think you'll find federal precedent that strips him of his indemnity through Section 230(c) of the Communications Decency Act. (Which really, really needs work)

BUT: You'd need to confirm that with your attorney.

[aaron]

It was actually the idea that an online service might be liable for modifying posts "in any way" that prompted the passage of the CDA. There's a pretty comprehensive summary of the law presented here, including actions not likely to take a forum outside of the CDA's protection:

• Screening objectionable content prior to publication;
• Correcting, editing, or removing content ... long as the edits do not substantially alter the meaning of the content;
• Soliciting, encouraging, or selecting content for publication;
• Paying a third party to create or submit content ... So long as the author of the material is not your employee;
• Providing forms or drop-downs to facilitate user submission of content; and
• Leaving content up after you have been notified that the material is defamatory.

And those likely to do so:

• Editing of content that materially alters its meaning ... [where] those edits make an otherwise non-defamatory statement defamatory; and
• Engaging with users through drop-down forms to create discriminatory content (see the original article for how this is distinguished from acceptable use of drop-down menus).

What specific federal precedent did you have in mind?