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Website & Forum legalities (reposted)

Just like it says.. a forum for discussion of these things.

Website & Forum legalities (reposted)

Postby skyline5k » Fri Sep 07, 2007 9:06 am

http://www.shanghaiexpat.com/index.php? ... ic&t=65192

As per the above post of mine... I decided to repost this in the Legalities thread instead.

Not sure whether to put this here or in Legal Issues, but the situation is this: There's a website back in the US in my hometown that constantly lashes out at one of the city commissioners.

The site's "host" is "admin" we'll say. This person's email is listed, and must be contacted in order to get access to the forum in the first place.

There's a second person, we'll say their real name is "Dudley Doright".

Dudley only says he's involved with said website, but doesn't admit being "admin". Publically, Dudley has lashed out at the city commissioner. "Admin" has also lashed out at the same city commissioner. And Dudley & "Admin" are often, rightfully so, said to be the same person, although Dudley will neither confirm nor deny.

The commish wants to go after Dudley for the site, and if that doesn't work, go after "admin". He also wants names of people on the site.

Many posters on this forum have also gone after the city commish, a lot of it due to his personal behavior. So my question is...

What Liability does "admin" have if the posters AND "admin" have all posted unfavorable remarks against the commish should the commish legally go after the site for slander?

What liability does Dudley have on this should it be found out that he IS indeed "admin"?

Are they legally in trouble?

I've posted my 2 cents regarding the liability issues revolving around slander & such, but would like to heighten my awareness on this. I'm on that site too, but living over here, I'm rather neutral, so the commish can have my name anytime he wants. Wink
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~ Stephen Colbert

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Postby underh20 » Fri Sep 07, 2007 11:21 pm

The city commissioner is a public official and public officials can be, basically, slandered until the cows come home. Courts have continually held that people in the public limelight can be slandered at will, basically, unless you can prove actual malice. Proving malice is extremely difficult.

If the public official isn't happy, tough crap. Let him quit his public post, but even then he'd probably still be considered a famous person and have to prove actual malice.
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