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How responsible is boards.ie for defaming material posted on this website?

  • 21-08-2019 7:00pm
    #1
    Crock Rock
    Closed Accounts Posts: 616 ✭✭✭


    Just curious.



    It seems to me to be unfair that someone can post information on here that damages the reputation of a company or a person and the information is read and consumed by people before boards staff can remove it or before the team even see it.


    This question also applies to other Irish websites too and not just boards.ie.


    Are the owners of this website (and other websites) responsible for vandals and spammers who black name other companies and people on here


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,753 Admin ✭✭✭✭✭hullaballoo


    I wrote my masters thesis on this exact topic some 10 years ago now.

    Unfortunately, UCC is the copyright owner so I cannot divulge its contents for fear of a copyright suit.

    Such is life.


  • #3
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    hullaballoo wrote: »
    I wrote my masters thesis on this exact topic some 10 years ago now.

    Unfortunately, UCC is the copyright owner so I cannot divulge its contents for fear of a copyright suit.

    Such is life.


    Tease.


  • #4
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Crock Rock wrote: »
    Are the owners of this website (and other websites) responsible for vandals and spammers who black name other companies and people on here

    Generally speaking no, online data hosts (which is what this site is) are afforded protecttions by S18 of the European Communities (Directive 2000/31/EC) Regulations 2003 so long as the host:-
    (a)...does not have actual knowledge of the unlawful activity concerned and, as regards claims for damages, is not aware of facts or circumstances from which that unlawful activity is apparent, or (b)...upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information

    This is further bolstered by the defence of "innocent publication" afforded under S27 of the Defamation Act 2009

    Most recently these protecttions to data hosts have been confirmed by the High Court in the Muwema vs Facebook [2016] IEHC 519 and the subsequent Muwema vs Facebook [2018] IECA 104 Court of Appeal case where the courts confirmed a data host will not be liable for removal of materials or damages in accordance with legislation and case law both here and of the European Court of Justice.

    This of course does not prevent a plaintiff seeking what is known as a Norwich Pharmacal Order where the host would be required to release information to help identify the poster.

    Hullaballoo, I trust you would agree especially on the point of a NPO still being possible.


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