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  Oracle Tips by Burleson

Web Stalkers
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, Bloggers may be liable for blog comments

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 ahead.

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”.

The above text is an excerpt from:

Web Stalkers
Protect yourself from Internet Criminals & Psychopaths
ISBN 0-97-45993-9-5

by Donald K. Burleson, Stephen Andert

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