What is the limit of a person’s responsibility regarding third-party comments?
In California, a person’s responsibility regarding third-party comments is limited by certain legal protections. Generally, a person cannot be held liable for defaming someone through a third party’s comments. This means that if a third party makes a comment, even if the speaker knew or should have known the statement was false, the speaker cannot be held liable for defamation. However, if a person provides a platform for third party comments and does not moderate or delete comments that the person knows to be false and defamatory, then the person can be held liable for defamation. This means that a person who hosts a platform through which third party comments are made has some responsibility to moderate those comments. In addition, if a person makes a statement which implies the truth of a defamatory statement, then that person may be held liable for defamation. For example, if a person says something, such as “She has been accused of stealing”, when the person knows the accusation to be false, then the person can be held liable for defamation even if the statement was made through a third party. Therefore, a person’s responsibility regarding third-party comments is limited, but it is not non-existent. The person who provides a platform for third party comments must exercise reasonable discretion to moderate comments which are known to be false and defamatory. Additionally, a person should avoid implying the truth of a defamatory statement, even if it was made by a third party.
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