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

[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