Libel on the internet

[dw1973]

I'm looking to start a forum on the internet where people will be able to post their opinions on certain products which they use in their profession. For example an electrician may post about a particular type of circuit breaker. His view may be that it's a good product, or may be that it's a rubbish product.
I can appreciate that some manufacturers may view some opinions as libelous. As the owner of the forum would I be liable in any cases?
People would not be able to post opinions without first signing up, and part of the sign-up process would be agreement that any opinions expressed are their own, and not indicative of the forum owner or administrator. Does this protect me?
Does the Keith-Smith v Williams case prove that any libelous statements are the responsibility of the poster and not the publisher?
Obviously the forums will be moderated on a "best endeavours" basis but there is always the chance that something might slip through the net.
Any advice would be appreciated.
David

[Tim]

Originally Posted by dw1973

I can appreciate that some manufacturers may view some opinions as libelous.

I'm not a lawyer, but can offer some comments ... the more clear it is that comments are "personal opinion only", the less likely any manufacturer is to be correct about anything being defamatory. There seem to be a huge number of "review" websites of all sorts without this being a major problem.

As the owner of the forum would I be liable in any cases?

I would have thought you'd be liable only in cases in which what's posted is actually defamatory, and even then that you'd be unlikely to face serious trouble if you acted as reasonably promptly and efficiently as anyone could expect you to.

I think that honest personal opinion, given as personal opinion, can't actually be defamatory even if it's not necessarily "reasonable and honest" personal opinion?

part of the sign-up process would be agreement that any opinions expressed are their own, and not indicative of the forum owner or administrator. Does this protect me?

I see what you mean. I'm guessing that it doesn't strictly, because the people to whom you need to make it clear that it's all "personal opinion only" are those reading it rather than those writing it. But still, clearly it does no harm to have it there to demonstrate your own bona fides.

Obviously the forums will be moderated on a "best endeavours" basis but there is always the chance that something might slip through the net.

I think there always is. But this doesn't seem to lead to great problems, does it? In practice, as long as you remove anything that might be defamatory if someone seriously complain about it, it's difficult to envisage significant trouble over a "review forum", I think? (Famous last words?)

(Another thing to think about and/or investigate, perhaps, is whether it's possible to insure against lawsuits for defamation. I believe that it might be, but have no idea what it might cost.)

[Ian J]

Originally Posted by dw1973

I can appreciate that some manufacturers may view some opinions as libelous. As the owner of the forum would I be liable in any cases?

Yes you would be liable in as much as the owner of a newspaper is liable for the content written by his staff.