- April 23, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Can Websites Be Held Accountable for Illegal Activities?
### Example 1: Unmoderated eBay-Like Website
When discussing the legal implications of an eBay-like website that lacks moderation, the question arises about the website’s accountability if controlled substances are being sold on the platform. It raises concerns about the site’s liability under relevant laws or acts governing such activities.
There is a need to dive deeper into the specifics of these situations, as the distinction between legal and illegal activities on unmoderated platforms can be ambiguous. This ambiguity highlights the importance of understanding the legal framework and potential repercussions for the website owner.
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## Exploring Accountability on Social Media Platforms
### Example 2: Unmoderated Twitter-Like Website
In a scenario where a Twitter-like website lacks moderation and a user sends death threats to another, the question arises whether the site can be held accountable for enabling such harmful behavior. This situation underscores the importance of examining the site’s responsibility in maintaining a safe online environment.
Delving into the specifics of legal accountability in cases of online harassment and threats is essential to understand the implications for the website operator. The blurry line between permissible and illegal content on unmoderated platforms underscores the need for clear legal guidelines and enforcement mechanisms.
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The practical issues are more predominantly about ownership/ location/ jurisdiction.
for instance the pirate bay (search engine for copyright media) was famously hosted in Sweden – because they dont have laws that allow the copyright holders to sue them. They can be sued in the US (for example) but enforced, no.
there is a lot of discussion about enforcing local restrictions on these sites: I have to say the UK government was on to a good idea (IMHO) of looking at holding the advertisers as liable for fines for advertising on these sites (kill the money). I cannot remember where this was but it was killed (part of the Digital economy act perhaps).
There are specific acts covering the supply of controlled substances, threatening behaviour and the [Online Safety Act 2023 – Wikipedia](https://en.wikipedia.org/wiki/Online_Safety_Act_2023) comes to mind.
Your second example is part of an ongoing debate about the regulation of social media companies. They state that they’re not responsible for 3rd party posts (NAL but I think that’s currently how the law stands…?), but there’s pressure to treat them as publishers, so liability falls on them around issues of libel, hate speech, grooming and all the rest. It’ll probably happen eventually (Omegle being sued and its owner deciding to close down over allegations around minors being an example of potential risks).
yes they do.
it is part of the online safety act which mirrors with more detail, the EUs digital services act. [//www.orrick.com/en/Insights/2023/11/The-UKs-Online-Safety-Act-and-EUs-Digital-Services-Act-What-Online-Service-Providers-Should-Know](//www.orrick.com/en/Insights/2023/11/The-UKs-Online-Safety-Act-and-EUs-Digital-Services-Act-What-Online-Service-Providers-Should-Know)
Don’t confuse a lack of visable moderation for no moderation. you can report things on twitter and they do have systems to analyse content for things that shouldn’t be there.
personal communication between two users is not the same as if someone publishes it publically. also the recepiant of the death threat would be able to report that to Twitter and they may ban that account.
In short a site can be accountable if either intentionally or unintentionally through negligence they have allowed illegal acitvity to occur and continue.
Many countries make the individual content creators liable and not the hosting website. For example, in the United States, websites are generally protected from liability for user-generated content under Section 230 of the Communications Decency Act (CDA). This law provides immunity to websites and other interactive computer services for third-party content.
Edit: Sorry, I missed the fact we are in the UK law subreddit. Website operators typically aren’t strictly liable for third-party content on their platforms. UK law generally doesn’t require website operators to monitor or review user comments. However, operators must act when notified of defamatory content to retain certain legal defenses