Moderate User-Generated Content But At Your Own Risk

A recent High Court ruling has reconfirmed the situation that pre or post moderation of user-submitted content may make a site owner liable for the material.

Photograph of a vandalised white board where a YouTube website address has been written on with a permanent marker pen and an attempt has been made unsuccessfully to remove the text

Whether user-generated content is unlawful, offensive or inappropriate such as comment spam (i.e. a danger to the web site, its users or their computer equipment), the advice appears to be not to do anything until a complaint is received, and then block or remove the content expeditiously. Although the meaning of content may still be an issue, the ability for users to submit links and other formatting should certainly be automatically prevented in most cases. That "just" leaves the unlawful and offensive content to deal with. Use of user registration, identity verification, logging and CAPTCHAs can help, but cannot prevent such content being added. It's still a big issue.

Most web site owners will not contemplate unmoderated user-generated content and this means that technical controls are not sufficient. The moderators need training, guidance and escalation procedures with good legal advice backup to ensure the content is suitable, appropriate and lawful. Users of the web site should understand what is acceptable and opt in to appropriate terms of use.

A full description and analysis was posted on the IT and e-commerce legal advice web site Out Law.

Posted on: 20 April 2010 at 08:17 hrs

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It appears to me that publishers are then responsible for user-generated content no matter what. A community that does not engage users through building relationships is one that will not flourish, and therefore it will be up to the publisher to maintain control over the content that is posted there. Moderation is an intelligent strategy that protects both brands and community users, as well as encourages friendly and purposeful sharing.

1 Added by Alisha Paul Posted on 20 April 2010 at 21:50 hrs

They certainly seem to be accountable if the content is moderated (filtered) in any way, or once a complaint is received. Most organisations would agree that moderation is an intelligent strategy as you say, and wouldn't allow a free-for-all. There are risks in not moderating as well as moderating.

2 Added by Clerkendweller Posted on 21 April 2010 at 11:04 hrs