Website Legal Status

MeatProduct

I've been mulling over the legal implications of a site like www.ratemyteachers.com recently as I'm considering creating a site that would have similar legal implications.

It seems that when people vote on other people's performance, teachers in this case, it is ok to do so anonymously in the USA. Is that the same for Ireland? Would such a site also need to be a registered business, a legal entity? I would assume so in order to be taxed and perhaps to have some legal protection.

Any suggestions and comments are much appreciated.

Thank you,

Nick

mneylon

http://www.tjmcintyre.com/2005/04/online-anonymity-ratemyteachersie.html is helpful

MeatProduct

Thank you very much blacknight.

Nick

seamus

MeatProduct wrote:

It seems that when people vote on other people's performance, teachers in this case, it is ok to do so anonymously in the USA. Is that the same for Ireland? Would such a site also need to be a registered business, a legal entity? I would assume so in order to be taxed and perhaps to have some legal protection.

If the site was to generate income for you, here in Ireland, then yes you would need to register that income in whichever way you like. You don't need to register a company specifically if you have a website.

As you point out, legal protection may be quite important. If the site owner is sued or otherwise faces massive costs, then the status of any company is important. If you are the owner you can be sued to the high heavens. If the owner is a limited company, then the amount of money that can be personally claimed from you is limited and your home and other things are safe.

But there's no requirement whatsoever to register or form a company.

The status of "free speech" is quite different in Ireland than the US and the liability that websites have for their content is as yet undecided. Basically, in Irish law there is the possibility that you, the site owner, can be sued for any libellous content posted on the site. This is because you are considered the publisher and therefore you allowed the libellous statement to be published. The person who poster can also be sued, provided that they can be traced.

MeatProduct

Seamus, thank you that was very informative. It would seem the possible safest course of action would be to register the business in the US and be protected by law there.

Thank you,

Nick

aidan_walsh

MeatProduct wrote:

Seamus, thank you that was very informative. It would seem the possible safest course of action would be to register the business in the US and be protected by law there.

Thank you,

Nick

That wouldn't for one moment make you exempt from legal requirements in this country, you understand?

randombar

I'm running ratemypub.ie myself and have had a few complaints from time to time, I record the ip addresses of every comment and supply these if the complaints are valid. Which has resulted in some people receiving warnings from from their internet providers.

MeatProduct

aidan_walsh wrote:

That wouldn't for one moment make you exempt from legal requirements in this country, you understand?

But it does seem to have made www.ratemyteachers.ie somewhat protected does it not? I have to say it looks like I'm going to need to do quite a bit of research on this.

Thank you,

Nick

AARRRGH

Unless you reckon you are going to be making quite a bit of money, the risk (nevermind the effort of registering a US business etc.) probably isn't worth it.