||Oracle Tips by Burleson
Chapter 5 -
All About Cybercrime
Note: This is a literature review
prepared by a non-lawyer and this research may not be construed as
legal advice. If you are seeking legal advice of qualified
attorneys, consult your local Bar Association, not my web pages.
For details see,
Website Liability for Cyber-Libel
If one applies this example to the Internet; if
a libelous statement is posted to a moderated forum, who is liable?
The answer is the same as before, but the layers of responsibility
may be in question. Certainly the moderator, if in a position to
know the statement was libelous, should have removed it immediately.
Precisely who else may share in the guilt in this and similar
situations will be a question for inquiring legal minds in the years
Undoubtedly, mistakes will be made by
publishers and others, and lawsuits will result when inaccurate
information makes it to the intended market. When this occurs, the
law in many places allows for the source of the information to be
protected from liability by issuing corrections to or retractions of
the problematic statements. This helps protect against frivolous
legal actions that might result from genuine mistakes in the form of
factual errors or even typos.
The Judgment-Proof Libeler
In many cases, the source of the libel is a
semi-indigent person where it is not worth the effort and expense
involved with seeking damages. It may be that the accused does not
have the financial resources to cover legal expenses, let alone
compensate their victim for losses. They know this, of course, and
use their legal status as “judgment proof” to harass anyone they
like. It is similar to what Bob Dylan said in his popular 1960’s
song, “When You Ain’t Got Nothing You Got Nothing to Lose”.
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