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Old 7th Dec 2012, 09:14
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deptrai
 
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A website is perfectly capable of vetting user comments before publication - more importantly, it's duty-bound to do so precisely to avoid defamation.
nonsense.

but unless you specify what jurisdiction you are referring to (north korea?), there's no point in arguing with you.

Avherald seems to be hosted in Austria. I am not familiar with Austrian law. But it would be interesting to know what Austrian law says.

But as a general observation, most websites are still hosted in the US, and there it is perfectly enough to act AFTER receiving a complaint/takedown notice/cease and desist letter, and remove the allegedly infringing content AFTER being notified by a complainant.

It may also be perfectly ok to REINSTATE the content again after the person who originally uploaded the content certifies that it is NOT infringing in any way.

Service providers do not necessarily have a duty to determine the truth of such allegations of infringement of any law. A service provider is not a court of law. A service provide just needs to act in good faith upon receiving proper notice.

It's a bit naive of you if you assume that google will vet every piece of text searchable on google.com in advance. That's simply not reasonable. You mention media laws, but I suggest you also research online service provider laws. They're not necessarily the same. The internet isn't your grandfathers' newspaper. One can argue that a web-based forum is an online service provider, and in the US at least, it can fall under safe harbor provisions.

Last edited by deptrai; 7th Dec 2012 at 09:32.
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