Legal liability for other people's contributed content on your web site

David Ardia on Immunity and Liability for User Content Under the Communications Decency Act:

1. If you passively host third-party content, you will be fully protected against defamation and defamation-like claims under CDA 230.

2. If you exercise traditional editorial functions over user submitted content, such as deciding whether to publish, remove, or edit material, you will not lose your immunity unless your edits materially alter the meaning of the content.

3. If you pre-screen objectionable content or correct, edit, or remove content, you will not lose your immunity.

4. If you encourage or pay third-parties to create or submit content, you will not lose your immunity.

5. If you use drop-down forms or multiple-choice questionnaires, you should be cautious of allowing users to submit information through these forms that might be deemed illegal.

This is good news for PWGD– democratic moderation is far less involvement than the editorial control which is protected here.

Resolution