On 4/22/06, Tony Sidaway <f.crdfa(a)gmail.com> wrote:
A similar argument applies to defamation. The onus is
on me, as
custodian of my own post, to demonstrate that I do not recklessly
dispose of it. Whilst I shouldn't be expected to take responsibility
for any and every illegal act that is perpetrated by my servants, once
I become aware that such an act may take place, I should take
reasonable steps to prevent it. The problem is the word "reasonable".
If a defamatory statement is published, a plaintiff may well have an
apprehension that this is because I have been reckless, even if I
haven't, and much time and money may be spent by both sides in
deciding the issue.
So someone goes to a community corkboard in an apartment building and
writes "John Heybobarebob is gay" on the bathroom door. Then the
owner of the apartment building sees the defamatory statement, takes
down the message, and stores it in a closet with a bunch of other
removed messages. Then a janitor goes into to the closet, takes the
message, and creates photocopies which she proceeds to hand out to
people.
You think the building owner can be sued?
I don't get it.
Anthony