Blogs, Forums and bloggers Part 2

The most popular Blog in the Llandudno area is almost certainly Oscar . Oscar's dealings with councils and councillors is the stuff of legend and the posts made are frequent, interesting and often of some controversy. However, much of the controversy stems not from Oscar's postings but from those of the readers who choose to comment. And herein lies the problem for any blog or forum owner. What sorts of comments can be published without issue?

The Blog (and forum) owner is legally responsible for what gets published, whether in their own articles or the comments section by others. The major risks are

• Defamation
  
• Copyright
• Trade secrets
• Invasion of privacy
• Retaliation

Curiously, it's the last which causes most problems in Blogs and Forums. However, the one likely to worry a Blog or Forum owner most is the first: Defamation.

The Law Society says this:

Does your site contain gossip, or other comment upon individuals?

Gossip tends to be defamatory. The UK’s strong defamation laws mean that it can be difficult to defend a defamatory comment, even if it’s true!

Worryingly, this also applies to 'user-edited' content, which means the comments posted by your readers. This is one reason why most Blog owners enable moderation in their comments. It's not simply being censorious. Blog owners like Oscar, who prefer anonymity in which to function, are conscious of the risks inherent in any blog which discusses the actions and behaviour of others, even councillors. Having said that, if what you say can be proved beyond doubt, you're very unlikely to be clobbered with a multi-million pound lawsuit. And private, non-commercial blogs and forums are even less likely, since suing individuals can be expensive and with little return.

It's a different matter if your Blog or Forum is commercial - i.e. you take in advertising or other forms of revenue. In fact, making money from a forum or blog is notoriously difficult, not to say risky.