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Memories website: libel?

  • Thread starter Thread starter SoybeanStasher
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SoybeanStasher

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In NJ here, if it matters.

I have a section of my website with a list of people I've met throughout my life. Clicking on a name brings up a little popup with memories of that person, if any have been submitted. There's also a little box so you can submit your own memories of that person. Submissions have to be approved by me before they appear on the site. I thought I had been careful, but perhaps because I had to approve lots of them en masse when the page first opened, or because my standards of what is embarassing differs from others', some stuff might be considered objectionable. Two people have asked to be removed, which I gladly did (and I write in the opening paragraphs that you need only ask to have something removed). So far they have been amiable requests, but I am concerned about my liability for what gets posted in case a future request isn't so friendly.

It's really my favorite section of my website, so if I can salvage it, I want to. Most people love reading them, and it has brought me back into contact with a few people from my past (the list of names makes for an easy Google search). Right now it's down, though. Is there a way to insulate myself against claims of libel? A few suggestions I've had include allowing people to only write memories about themselves (but then how do you verify their identity?), forcing anyone who writes a memory to leave a verifiable email address, or scrapping the memory system entirely, leaving only the names up for a six-degrees-of-separation kind of thing.

I have it in a temporary directory now, so ya'll can look at it. I'll take it down soon.
http://www.theducpond.com/temp/duclink/

Just browsing through them now I can see why some may not like the material. Even something as innocent as "X used to like Y" could be embarassing if the person is married now. So when does embarassment become defamation?

From what I've read, I feel that the law is on my side, but I'm not all that confident. For example:
http://efl-law.com/int_lib.html

The Ninth Circuit has held that under 47 U.S.C. sec. 230, discussion group moderators are immune from defamation liability for messages posted to their groups, if those messages were originally written by other people (whether group members or not) and then sent to the moderator to be forwarded to the group. This is true even if the moderators manually let those messages go through, or even if they manually posted them; and it's true even if the moderators are quite selective in deciding which messages to post. Under traditional defamation law, the moderators would be legally liable; but 47 U.S.C. sec. 230 limits online defamation liability in certain circumstances, and the Ninth Circuit held that this is one of those circumstances.

This could apply to me, which is good. But 1.) I've posted memories myself and could therefore be liable for those and 2.) I don't want people who post things to be liable either. Friends visit this site. The last thing I want to do is put them in legal peril.
 
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