Does a publisher or website have liability for third-party comments posted to its site?

In South Dakota, a publisher or website can have liability for third-party comments posted to its site depending on the circumstances. Generally, a website or publisher is not responsible for third-party comments posted to its site as publishers are not responsible for the content posted by third-parties. Under South Dakota law, a court must consider four factors to determine if a publisher or website is liable for third-party comments posted to its site: (1) Was the statement defamatory; (2) Did the publisher or website have knowledge of the statement; (3) Did the publisher or website have an opportunity to review or edit the statement; and (4) Did the publisher or website take any action to stop or delete the statement. If a court finds that a publisher or website had knowledge of the statement or was given the opportunity to review or edit it, and failed to take any action to stop or delete the statement, then the publisher or website may be found liable for the third-party comments. On the other hand, if the publisher or website did not have knowledge of the statement or was not given the opportunity to review or edit it, then the publisher or website will likely not be liable for the third-party comments. Ultimately, the answer to this question depends on the facts of the case and whether the court finds that a publisher or website had knowledge of the statement or were given the opportunity to review or edit it. If so, the court may find the publisher or website liable for the third-party comments.

Does a publisher or website have liability for third-party comments posted to its site?

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