It seems like EVERYONE today has a website. Whether it be a personal blog to a full scale business – websites are how people “find” and often “interact” with you today. However, just like any business, it doesn’t come without risk. This article will address a few of the most common areas where a website operator can incur liability if they want to host third-party content (i.e., you want to allow people to post and/or comment on postings).
To begin with, as I have referenced in my prior articles regarding Troubles with Defamatory Online Reviews and Content Scrapers, That Would be Harsher Punishment for internet Defamers Stan, Why Google De-Indexing May NOT be an Effective Reputation Management Solution, etc., at least in the United States, the federal law often referred to as the Communications Decency Act, aka Section 230 or the “CDA” generally immunizes websites from third-party content. In layman’s terms, this means that an internet service provider, such as a website, is not typically liable for content written by a third-party. That does NOT, however, mean that you don’t have to be cautious. In fact, the intricacies of the law surrounding the CDA can be quite complex. It would be tragic for an unsuspecting business to be sued into bankruptcy over preventable little mistakes.
The following are a few common areas of potential liability:
INTELLECTUAL PROPERTY: Intellectual Property, including claims of Copyright and Trademark Infringement are NOT barred by the Communications Decency Act. If a third-party puts content on your website that infringes on someone else’s Copyright or Trademark, you could be held liable.
DEVELOPING CONTENT: Depending on how you solicit and/or edit a third-party’s content you could be held liable. Many of plaintiffs have argued against website’s editorial decisions or even what sort of requirements/fields are built in for website users to enter information into, can take them outside of the protections of the CDA.
If you are considering starting up a new website or a business with an existing website it is wise to take these matters into account at the very beginning, or as soon as otherwise practicable. Moreover, individuals and businesses are wise to consult an internet lawyer that practices in internet law when beginning to lay out their business plan for their website. A consultation fee now can save you THOUSANDS in the long run.
Until next time friends…
All information contained in this blog (www.beebelawpllc.blog.com) is meant to be for general informational purposes only and should not be misconstrued as legal advice or relied upon. All legal questions should be directed to a licensed attorney in your jurisdiction. If you are in the state of Arizona, and seeking consultation in the area of infringement relating to Copyright, Trademark, or other risks associated with being a website and hosting third-party content, contact Beebe Law, PLLC today.