Tuesday, February 27, 2007

Community Associations Institute - New England Chapter -- Court Limits Liability for Third Party Web Postings
Here's a post advising CAI people about a California Supreme Court case (Barrett v. Rosenthal) that limits liability for re-posting on a web site the libelous posts of other people, based on a provision of the Communications Decency Act of 1996. CAI's advice is still on the side of caution, saying HOAs should still be careful about reposting potentially defamatory material. Seems like good advice to me. Thanks to Shu Bartholomew for pointing this out.

The ruling applies only in California, but many trends begin there, and legal analysts say it is possible that other courts will adopt this court’s “freedom of Internet speech” logic if confronted with suits raising similar questions. On the other hand, most associations would no doubt prefer not to end up in a protracted (and expensive) legal battle, even if it’s a battle they might ultimately win. So the best advice, still, is probably to assume the association would be sued for potentially libelous statements and avoid posting them, or having them posted, on the community’s Web site, in newsletters or any other communications venues the association controls.

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