Sunday, August 03, 2014

Whack-a-Mole and the Legal Mess From UGC Online

I was THRILLED the other night when I watched an episode on the Good Wife titled "Whack-a-Mole."  In this episode, members of Scabbit, basically a fictional version of Reddit, are speculating on the identity of a recent bomber and begin to place blame on Alicia's former client, a school teacher who was in town for a conference.  Anonymous users are posting pictures of Zayeed that they believe connect him to the incident.  The FBI ultimately sees the postings and takes it seriously enough to begin investigating Zayeed directly.

The lawyers want to protect their client and try to get Scabbit to take down the thread.  However, because of an obscure law called the Communications Decency Act, Scabbit refuses to edit the content, silence its user base or take down the post.  Section 230 of the CDA essentially grants immunity to sites that host content published by other users or contributors.  No matter how libelous the content is, Scabbit is not liable for that content, but the individual poster is.

With the rise of anonymity online, anyone can easily attack someone else almost endless channels by which to do it.  User generated content on websites is valuable for many reasons.  It boosts engagement amongst users, it helps for SEO, and its a free way to make your website more relevant and expansive online.  Why write an article or a post when your users will do it for you for free!?  Sadly, when users use that freedom to contribute to attack other people, the consequences can be devastating. 

The Right to Forget in Europe is a step in the right direction to limit the ability of offensive content to slander people.  However, when will the law go further to call out those who intentionally slander good businesses and people?  When one restauranteur posts fake negative reviews on his competition?  When will those people be called out for their irresponsible behavior?  The Right to Forget is a step in the right direction, but it's only the first step in what will be a very long battle...

The Good Wife episode is here: http://www.cbs.com/shows/the_good_wife/episodes/212647

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