Does a publisher or website have liability for third-party comments posted to its site?
In California, the law of defamation applies to both individuals and businesses, including publishers or websites. Generally speaking, the publisher or website is not liable for third-party comments posted to its site unless it is aware of the defamatory content and fails to take appropriate action to remove the comment. Under California’s Anti-SLAPP (Strategic Lawsuit Against Public Participation) law, a third party may bring a claim against a publisher or website if they feel they have been defamed by comments posted on the site. If the publisher or website knowingly allows defamatory content to remain posted on its site, it may be culpable. In that case, it can be held liable for damages that have been caused by the statement. On the other hand, if the website is unaware of the defamatory content, it is not liable for the comment. However, the publisher or website must still act in good faith to remove the content if it is made aware of its presence. Moreover, if the website exercises reasonable care in verifying the accuracy of third-party comments, it has a better chance of avoiding liability. In conclusion, publishers or websites do have potential liability for third-party comments when they are aware of the comments and do not take action to remove them. However, they have a good chance of avoiding liability if they exercise reasonable care in verifying the accuracy of third-party comments.
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