[WikiEN-l] Libel law

Thu Dec 8 17:43:05 UTC 2005

Hi,

I am not saying that, a law student suggested that we look at the complexity and consider the potentials.  I do not think there is actual settled case law that would clearly answer the question of whether or not the Wikipedia Foundation can be held liable for defamation for material posted on the site.  I rather suspect that a good case could be argued that it was. An equally good case could be argued that it was not. The case would be stronger against Wikipedia if it failed to post clear guidelines regarding defamation and the obligation of every editor to alert admins to potential defamatory text, remove material likely to be defamatory, and to edit with some knowledge as to what generally is considered defamatory. Some of this is already being done. It should be expanded.

Please read these posts more carefully, they are complicated.  Please do not bite my head off. 

-Chip

________________________________

From: wikien-l-bounces at Wikipedia.org on behalf of Anthony DiPierro
Sent: Thu 12/8/2005 10:17 AM
To: English Wikipedia
Subject: Re: [WikiEN-l] Libel law

On 12/8/05, Chip Berlet <c.berlet at publiceye.org> wrote:
> Given Wikipedia's editing policy, it is unlikely to qualify for the safe
> harbor protection under the CDA. Amazon.com does not edit posts, and thus
> is essentially immune from suit. While the other case found an editor
> liable, that was because it appeared from the complaint that he had
> participated in the libeling. Wikipedia, unfortunately, falls between the
> two extremes.
>
Are you suggesting that Wikipedia edits posts?  Even if you rephrase
that question to whether or not the Wikimedia Foundation edits posts,
I think it's clear that the foundation does not edit posts.
Individuals, who are neither employed by nor controlled by the
foundation, edit posts.

Anthony
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