I am helping advise a list management (somewhat collegial) on issues
surrounding a threatened libel lawsuit by one correspondent against another,
and collaterally against the listowner himself.  The threat against the
former is none of our business.

The threat against the list is phrased as such *unless* the listowner
removes the offending message from the archives.  Listowner is not at the
hosting institution of higher ed.

I've searched the lstown-l list under terms liability, legal, libel and
found a little bit; mostly a colloquy last year in which the issue was left
uncertain.  The advice of consulting legal counsel of the institution is of
course relevant and will be part of our process.  However we assume he/she
is not absolutely au fait with internet libel law and would like to be
helpful.

There are two issues, of course.  Removal of messages I think is a very bad
idea, as it gets us into responsibility for vetting the file and thus more
liable rather than less (not to mention censorship/free speech issues).  I'm
more interested in exploring here the legal liability issues of the
listowner and the list publisher (they are not the same).

Is there any further information since last year?  In any case, specific
citations of cases would be helpful.  I will summarize private
replies, though I think general response would be most helpful.  Thanks to
all.  --pg

--
Peter Graham    Syracuse University Library    [log in to unmask]
Syracuse NY 13244-2010 315/443-5530 fax 315/443-2060 8/00nw4.6r