From the Legal Hotline

By Teri Henning, General Counsel; Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: Our newspaper’s Web site allows readers to post comments on message boards. Occasionally, these comments are negative, offensive or even potentially defamatory. Does the newspaper face liability for defamatory content posted online by third parties? Does the newspaper have a legal duty to police its Web site’s message boards?

A: Newspapers have significant protection against liability for third party content posted on their Web sites. Newspapers are not legally required to police their message boards, but PNA recommends that you do so in order to limit offensive material.

The Communications Decency Act offers significant protection for “interactive computer services” against defamation claims arising from third party content posted on newspapers’ Web sites. Specifically, section 230 of the Act says: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." This provision has been broadly interpreted by the courts and offers significant protection against liability for third party content posted online. The Communications Decency Act does not offer protection for content created or developed by newspaper staff or anyone acting on behalf of the newspaper.

Newspapers should continue to remove defamatory or offensive content as they see fit. Do not “re-write” an offensive passage as it could turn into your content.

Newspapers should also implement “terms of use” agreements that users review and affirm to prior to posting on message boards. The policy could contain guidelines for using the message boards, definitions of offensive or other prohibited materials like obscenities and social security numbers. The policy should also make it clear that postings are subject to review and removal at the newspaper’s discretion.

If you would like more information on this issue, please contact the Legal Hotline at (717) 703-3080.

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PNA Legal Hotline: (717) 703-3080