Hrm.

[denny]

I've had quite a good idea for a website project. Unfortunately, it would quite possibly lead to legal action against me at some point. Does anybody have any idea where I could get cheap (free?!) legal advice that's worth having?

Broadly speaking, it would be a consumer complaints website aimed at a specific industry. I already do this with BTsuck.org, but I suspect this new idea would cause more excitement than that one does. I'm not sure what my legal position is if people use the site to (a) slag off someone who doesn't deserve it, or (b) slag off someone who does deserve it but isn't happy about it, and (c) what (if anything) I can do to stop the site being used to give good reviews to people/companies who don't deserve them.

Comments

[oedipamaas49.livejournal.com]

The Activists' Legal Project? (http://www.activistslegalproject.org.uk/)

They're mostly focused on a narrower remit of 'helping people who get arrested during political demonstrations', and I'm not convinced they know the law all that well in other areas. But they do have links to friendly lawyers who might actually know things and be willing to help.

Also, people involved in other websites that run into this kind of problem - Indymedia? Corpwatch? Wikipedia?

[dennyd.livejournal.com]

Both good ideas - thanks.

[megashrike.livejournal.com]

As long as you put a nice big disclaimer saying that it's a public forum and posters views do not reflect your views surely you can duck out of being legally responsible? I've seen it done in other places on the intertubes

[reddragdiva]

That's US law. UK law is completely different, unfortunately.

[dennyd.livejournal.com]

Which applies if my server is in the US?

[reddragdiva]

Both, probably. A law applies wherever you're in its jurisdiction. You're in the UK, you'll have trouble escaping that.

[dennyd.livejournal.com]

That's what I figured. So, any pointers on where to find out what the UK law actually is?

[zetetyc.livejournal.com]

off the top of my head (i don't practice in this area, and i don't have my notes on internet/communications law at hand)


if your server is in the US, US courts will treat it as being subject to US law. so if someone sues you in the US, your website will probably be subject to the laws of the state in which the server is located (issues of slander/libel and defamation are generally state (and not federal) law issues).

additionally, US Courts will often enforce foreign (for instance UK court) judgments that are made against sites hosted in the US.

as a result, given the nature of what you're trying to do, you probably want to get local and regional advice.

for US advice (or a good place to get good advice, i'd start with the stanford cyberlaw clinic. http://www.law.stanford.edu/program/clinics/cyberlaw/

Law School Clinics generally won't charge, and while they may not be able to provide advice, they can point you in the right direction.

i don't know if there are similar programs in the UK. otherwise, I'd look for an internet/free speech type consumer rights group, like the EFF, as a starting point for advice.

From what I've read the nature of the internet is such that you'll probably have to cover your ass against both British and US suits.

[megashrike.livejournal.com]

I'm certain I've seen it on uk based sites, however it is late and I am certain my memory is that of a 60 year old, and they probably had the same belief as I did.

[megashrike.livejournal.com]

Oh and possibly more usefully the EFF maybe? I know they're mainly US law but they might have something in the right direction

[djlongfella.livejournal.com]

I read an article in the trade papers about a uk firm, who used us webspace to host their site, what was published on their site would have been legal in the uk, but a second uk company took exception and sued them under us law an won, due to the fact that the " offending " statements were housed in the us and therefore were subject to us law.

Sorta goes to the thing with premium hpne lines advertising and operating in the UK as scams, invariably the phone line is housed in another Country and therefore does not have to comply with UK regs.

If you join the Federation of Small Buisiness ( FSB )

100 Quid, including joining fee and years membership, you get something like 200K worth of free legal advice / insurance, they will draw up docuiments and advise on comercial law.

Also if you run the site as a ltd company and keep the assets and liability low, then only the company and not you can be sued ( to a limited degree )

Registering a limited company and all its trapping will cost about 100 quid, but you will need more than one director, and have to pay an accountant to submit and authorise the books.

Personally I would join the FSB take their advice and have a nice big fat disclaimer on the open end of the site.

[dennyd.livejournal.com]

FSB sound very useful, I may have to invest some pennies once I've closer to having the thing built. Cheers.

[djlongfella.livejournal.com]

Wouldn't surprise me if they already have disclaimer docs in the mnembers download section, you can then ring the 24 hr solicitor helpline and get them to tailer it to your needs. All for 100 quid a year, my last breife used to charge 35 quid just for answering the phone.. Having the fsb logo / crest on your site would also ward off those who thought they could try a quick court case to scare you into paying out bucks..

[denari.livejournal.com]

surely if you set it up as a review site, you're allowed to state opinions?

[dennyd.livejournal.com]

I'd like to think the law was that sensible, but I strongly suspect it isn't. Generally it seems quite protective of whoever has lots of money... which ain't me :)