Is it riskier to moderate blog comments?

Lawyers = Value Destroyers
Blog Comments = Value Generators

I bet they aren't having this problem in India and China.

As anyone can sue anyone for anything, that "a suit has been brought against someone" is not really that significant. However, if we hear about people "winning" suits because of blog comment policies, then I think it's time for concern.

You can remove/alter comments safely by adding a disclaimer saying that any comments are permitted only because the site owner is letting you post, and that any comments will be removed for any reason at the absolute discretion of the site owner etc etc.

More tips can be found here

http://www.connectedinternet.co.uk/blog/_archives/2005/3/25/533241.html

I don't see the value in a moderated comment sections of a blog. In other words, I'm not going to moderate comments when I'm not being paid for it. As for spam, I'm using Yahoo 360 and there is a link for reporting abuse. Yahoo has the resources to deal with this sort of thing. I've had comments that I have posted on moderated blogs altered, deleted or not posted at all following submission. I'm not worried about it. Some of the stuff you write could be misleading, because you were misled or duped. That is not the same as an organized effort to defraud people.

I'm not very organized myself. I could do much better with an editor, but for now all I can do is what I can do. I guess it's a bit like a book. The thoughtful author thanks the editor and the publisher thanks the author with a share of the revenues. Adding to the worlds problems isn't going to be in demand. There is a big growing supply though. All you can do is the best you can and if it isn't good enough, the hell with it. The world is full of risks. You are free to ignore what you want to ignore. It's a free country.

Stephen, I think you just answered your own question.

I'm highly in favor of moderated/delayed posting of comments for a high traffic, high profile business blog.

You don't want comment spam flooding your blog, because it poses dangers to users and it looks horribly unprofessional.

We are impulse shoppers, instant gratification freaks here in America. If blog users/readers complain that their comments are not posted instantly, I say: tough. Get on with your life. You can wait 24-48 hours to see your precious, genius comment posted.

So I guess what I'm saying is: I suggest you continue with moderating and delayed posting. I'm no internet law expert, and there aren't many of them unless you're in Silicon Valley I suppose, but this is my advice from a business blog perspective.

A captcha device will weed out most if not all automated spam programs, or "spambots". Blogger has introduced this and I'm now using them at my blogs. My comment spam has dropped to nearly zero since I incorporated what Blogger calls "Word Verification" for all comments.

ISPs run spam blocking on email without stepping over the line so would moderating/deleting spam comments be the same or would it have to be an automated process like the ISPs?

I just added this to my blog.
Disclaimer: I don't need you here.

This seems like a good way for the Dems to shut down the voices that destroyed them in the last election by circumventing their allies:the mainstream media. Would they ever try? Remember the "Hush rush Bill" -of course they would -it's the nature of the beast. And forget all about that free speach business, that's not really for you and me. It is well to remember that the MSM will be very cooperative to anything that erradicates or silences their competition

Wow - I only interviewed a media attorney back in February about the same issue (http://pop-pr.blogspot.com/2005/02/blogs-and-libel-or-damn-nkk.html), and reposted it last week (http://pop-pr.blogspot.com/2005/08/libel-revisited.html). I love being that ahead of the curve, thinking about legality and lible issues in blogs.

Like I wrote back in February, libel suits would start coming at blogs. Looks like I was right.

As for moderated comments, I'd rather a blog go to no comments. When it takes 6 hours for a comment to appear on a blog, it becomes a joke. What I did notice, though, is "practically the only messages" - what have you deleted that wasn't SPAM?

I would go to your attorneys (and try to get them to be quoted). I'm no lawyer but... the only surviving part of the I-forget-the-initials-online-decency-act overturned the so-called Prodigy case, which held that you were worse off for trying to clean up interactivity if you missed something. The new law says you can clean up your space, it being yours, and not suffer if you miss something (because they didn't want people motivated not to even try cleaning up stuff). I could be getting this way wrong but it was my understanding that we who hosted interactivity became, in essence, common carriers who could not be held liable for what happened over our lines. But unlike them, we could maintain our spaces in our standards so as not to affect our brands. This was in re forums (or whatever they were called back then) but comments are merely another form of interactivity.

Traffic Power has been sending "cease and desist" letters to every blog and website that mentions their crummy business practices. Their suit is completely without merit, but it's easier just to delete the posts and comments rather than going through a time-wasting lawsuit, and I think that's what TP is counting on. Aaron himself seems inclined to just delete and move on rather than fight.

I just set up my blog today on blogger and had a comment. I thought wow someone actually read my blog. No it was just some spam about Mexico, so I deleted it. I don't think it is neccesary to keep them there, they are just useless.

This raises the need to encourage bloggers to have a clearly displayed commenting policy. Your comment policy should explain what happens when a user submits comments, what kinds of material are unacceptable, and that comments are not the opinions of the blogger and are an exercise in free speech and as such are not endorsed because the comments are allowed to remain.

We've written about this extensively over the past few years... and the real answer is that you're *probably* fine for moderating comments, but it depends on a lot of different factors, including what district court you'd be in, what judge you get, and the specifics of your case.

I just wrote up a post about this particular situation that links to some of the relevant case law:

http://www.techdirt.com/articles/20050828/2223234_F.shtml

The most specific one being the ruling in the 9th Circuit saying that moderated lists (and, most believe by extension, moderated blog comments) don't incur liability for the content:

http://www.techdirt.com/articles/20030624/1929222.shtml

that case was appealed to the Supreme Court, who didn't take it:

http://www.techdirt.com/articles/20040609/1454229_F.shtml

Suggesting (maybe...) that they agree with the lower court ruling. On the other hand, they may just want more conflicting case law before taking the case.

Still, at the moment, you can almost certainly make a very credible case for why you can moderate comments and not be liable for libelous comments that others make on your blog.

Um, folks, Section 230 of the Communications Decency Act makes a successful suit against a blogmeister almost impossible.

See Zeran v. AOL. Fact that it was a chat room is of no import. Blogs reproducing third-party content will be treated identically to chats.

Can I have $350 for that advice now?

Stephen-

It's obvious what one does with spam.

However, I personally appreciate that you folks filter out abusive language. I like your blog a lot and wading through amateurish vulgarity would really diminish the experience for me. Probably there's a segment of your participants who would disagree with me, but there's just about always a way to express the same idea just as well but without the blue language.

As to the legal stuff, it makes me sad that we can't all just share a little conversation without the threat of legal action. I guess that's how it is.

Pete Z.

There is no law that states you are libel for the thought of others. Freedom of speech, includes freedom to publish personal thoughts. Personal publications, which are not documented with references are nothing more then thoughts. Your only obligation to those publications, is that you remove any questionable republication, if presented with a legal obligation to remove such content. It is not illegal, until a judge has determined it to be illegal. Innocent until proven guilty.

If the person requesting removal of content, has no proof of a law being broken, you can leave that content published, until proper due process has determined the legality. Just as you can live in any domicile, until law has determined you are to be removed.

If you use honest judgement, and make no claims of, "Active moderation of all posted content.", then it can not be legally assumed that the presence of a moderation ability, is claim to that statement. Unless you explicitly state anything, nothing is legally assumed. The only assumptions that can be drawn, is that your publication uses a public submitted collection of thoughts and perceptions. (When references are not presented. References to "Publications", are the libel for the content they have WRITTEN, as a self-claimed publication of factual statements and knowledge, with all expressed permissions outlined within copyright. EG, no copyright, no case.)

Yes, it is better to moderate, where your moderation is to remove any undesired or questionable content. That is your right, on your public hosted page of perceptions. It is yours, only by limitation. You do not own the internet, or the server, or the hard-drive, or the electricity used to hold the data. You did not force people to read your content in a public display, such as media advertisement, (Like a billboard). You did not pay for the viewers internet connection, or computer that reconstructs the 10100010101001 into the content they see. (They assume the risk of seeing potentially offensive media, beyond control, and with the right to stop viewing such content, by the ISP they signed-up with.)

Just my 2cents...
(Show me a winning case, and I will avoid THAT situation. Show me the law that says I am libel for public thoughts, which others publish on my blog. These are not anonymous, they can all be traced to any ISP, you have my permission to research the offenders, when you have proven there was an offence.)

Safely by adding a disclaimer saying that any comments are permitted only because the site owner is letting you post, resources to deal with this sort of thing. I've had comments that I have posted on moderated blogs altered, deleted or not posted, Adding to the worlds problems isn't going to be in demand. I suggest you continue with moderating and delayed posting. I'm no internet law expert. Dems to shut down the voices that destroyed them in the last election.

Bloggers usually take a safe side by enabling the comment moderation. Simultaneously you get to manage the legal complexities as well.

There is one case in which moderating of blogs will be very essential and it has nothing to do with getting paid or legal issues. If you had to make a blog to enhance your web presence, spamming could ruin your objective. Let's for example say that you are working on a blog to promote your new cookies. If for some reason your blog had to be spammed with 'comments' related to dietary supplements, cheap medicines or alternatives for VI@gara!!!. Your blog would end up coming in the searches for these medical terms!!!. If your posting volume is not sufficient to overpower these comments, you might not even appear on search engines for cookies or something that tastes, smells or looks like a cookie!!!!

OK Lets try free unfettered FREE SPEECH ... Here goes:

TIBET

What a WHITE WASH!

Before 1949 there was not a single chinese in TIBET - until Mousy Tung came running from Chiang Kai Seik for shelter and succour.

Chinese do not even understand Tibetan language!

Japan could claim many parts of China that they did ACTUALLY belong to them and even their dynasties come from China too! If here's ATTROCITIES and MASSACRES in TIBET by the CHINESE then why should JAPAN HAVE to APOLLOGISE to the Chinese for the past rule over CHINA - it was just a lot of VITRIOLIC or VENOMOUS blood that CHINA has that makes them do all these things with calculated reptilian intent! They HAVE been snaking in and out of various BORDER countries and claiming
wherever they snake in and out their troops at any opportunity into the bordering countries at the borders (Bhutan, Sikkim, Akshai Chin, ... Nepal, Indian territory of Nicobar Islands where CHINA doesn't even have a coast line but just came in and took over by force - just as will be done in Darfur) any way SNAKING IN AND OUT and claiming as THEIR TERRITORY just like TIBET - a huge territory taken by the COILS of Mousy Tung.

All CHINESE who participate (Ministers, Poiticians, people, soldiers) and even carry out orders of their participating leaders, have even set their FOOT into TIBET - land of GODS - their ANCESTORS, FAMILIES and their PROGENY are doomed for a Thousand, Thousand years by the curses of the holy people of Tibet ... NEVER to be FORGIVEN!!! They will suffer all kinds of misfortunes, sickenesses, pests and pestilence and in the end they all will be given the final place in HELL never to rest again!!

Land of Tibet was open space for all of India - Hindu Pilgrims and hermits, and Tibetans shared it without a SINGLE thought of possesion of these lands OPENLY for Thousands of years! It was NEVR CHINESE so there was never a time for them to worry at the highest or lowest levels - PURE CIVILIZATOPN - Chinese Borders were at the edge of China way away from the TIBETAN PLATEAU - away from the Plateu and the feet of the PLATEAU where the BORDERS of TIBET and CHINA were.

No body had EVER needed Visas for Thousands of years to go to the Holy Hindu places in Tibet (Mt. Kailash, Meru, etc.) ... and suddenly here comes MOUSY TUNG and after CHINA crossed their borders and GRABBED by force ALL of TIBET ... they (trying to TAKE OVER Tibet CHINA) do not allow any Hindus or Indians or any HUMANS for that matter, into the INVADED and OCCUPIED TIBET - WITHOUT A VISA (if they give you one!). IT WAS NEVER NEVER NEVER China's - Mousy Tung like a snake reared up and bit the the VERY hand that fed HIM and HIS army !!! WHAT KIND OF PROOF DOES THE WORLD NEED THAT IT WAS NEVER CHINESE?

If anything consider Indian Hindus who have worshipped for THOUSANDS OF YEARS Lord Shiva and AND HIS ABODE OF Kailash Mountain the HOLLIEST Abode of Lord Shiva - THE HOLLIEST LAKE IN INDIAN ETHOS AND HINDU CULTURE - MAAN SAROVAR - ALL which is in TIBET! YES . BUT NOTTTTTTTTT IN CHINAAAA!!! NEVER WAS !!! HOW CAN IT SUDDENLY TURN INTO UNHOLY CHINA! WHY DO PEOPLE CALL TIBET CHINA IN THE FIRST PLACE ?!!!

Holliest place for Hindus since beginning of time IN THE WHOLE UNIVERSE not just EARTH - for thousands of years has been Mount Kailash in Ladakh, Tibet -Hindu hermits have been doing their hermitage accross Tibet shared with local TIBETANS for THOUSANDS OF YEARS - how come Chinese suddenly, come 1949, invades and takes over TIBET? Boggles the mind - NO ACTUALLY it doesn't boggle the mind! egemony is in their blood and their CURSE! In history it used to be mentioned - as Tibet, India in all talks and reference. WE COULD CALL CHINA AS JAPAN FOR THAT MATTER!

Being a HOLLY LAND TIBETANS or Indians never thought of creating an ARMY for protecting TIBET from CHINA!. WHAT A FAILURE OF DUTY TO LORD SHIVA AND FORESIGHT!

TIBET had ZERO HINDRANCE open land sharing and total transparent sacred co-sharing of this land for HINDUS for thousands of years !!! TIBET as a Country did this and HINDUS and INDIANS never encroached on this pact by LAND GRAB HEGEMONY or demands like CHINA (((repeated hegemonies all along the Chinese Borders and ONGOING!!!))) (forget Darfur-SUDAN, Kazhakstan, Zambia, CONGO ...).

1949 Suddenly appears Mousy Tung and his army running scared from Chiang Kia Sheik in 1949. They are given food, shelter and succour, by TIBETAN Monks ... and what does he do in repayment? His Eyes get GREEDY for this "Shangrilla" land!!!

Now today the Cultural Revolution "new born" Children running the Chinese Government are pulling the wool over the "new generation" Chinese Kids who are now grown up all over China ... TOTALLY INDOCTRINATED and NOT KNOWING ANY TRUE HISTORY of the world and CHINESE adventures along the borders being carried out by their leaders ... combine that with the mass slauhter of the post MAO INTELLECTUALS - and the REST? rememeber they were sent to the paddy fields until they could recant by heart the "Little Red Book"???!!!

Well when you ask an ordinary chinese and his thoughts ... he is regurgitating half truths he has come to understand so that he will support the Children In Power today to carry on Hegemonizing India (Aksai Chin, Kashmir, Sikkim, Assam, Mizzoram, ... Bay of Bengal Islands), Nepal, Tibet, Bhutan, Mizzoram, Sikkim, Ladakh, Kazhak, Uzbek, Mongolia, Japan, ...

So WHAT are we talking about here ? Let the Invaded People Accept subservience to China and CHINA will forgive them? Oh such kindness as to allow them to practice their culture?

Instead why not honor historical truths and vacate TIBET of all Chinese? Why not give Indians of Hindu faith back their freedom to have unfettered access to their HOLLIEST of lands enjoyed for THOUSANDS of years when it was TIBETAN and NOT Mousy Tiungs GREEDY Land Grabbed HEGEMONY of COUNTRY of TIBET?

TIBETANS and HINDUS (i.e. INDIA) co shared all these SACRED Hindu lands and mountains.

All that is happening is this is bringing thousands of years of CURSES on all Chinese, thier Ancestors and their Children for
puting their foot in TIBET! Even the TIBET broken up into "CHINESE" name provinces after 1949's invasion by Mousy Tung is TOTALLY still ILLEGAL OCCUPATION and "clever" DIVISIONS for future arguments and convincing the Children of China these "FAKED Histories" - and so getting their IGNORANT support for their Cultural Revolution Children in power!!!!

Thank you for sharing your precious time.

Ang (Neil) Kamchuk.

NO moderation but users should use proper language.