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Bill Attorney
Bill Attorney, Lawyer
Category: Legal
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Experience:  Attorney
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Would the administrators of a Facebook group hold any

Customer Question

Would the administrators of a Facebook group hold any liability for damages if they allow a post thread continue after we submitted prof that the comments are false?
JA: What state are you in? It matters because laws vary by location.
Customer: Idaho
JA: Has anything been filed or reported?
Customer: It has been reported to the admins and it is untruths about our business and personal reputation.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Legal
Expert:  Bill Attorney replied 2 months ago.

Dear Customer,

Thank you for posting your legal question in relation to web providers and web hosts liability for online content. This is covered by the Digital Millennium Copyright Act. The Act provides that once the webhost has been put on notice of infringing content on its site and thereafter continues to allow the dis play of the infringing content against yours/ a person's legal rights, the web host can be held personally liable for the web content under the act.

The correct procedure would be for you to send facebook a take down notice.

Once they have received the notice and fail to take down the content they can be held personally accountable.

"

(a)Transitory Digital Network Communications.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider’s transmitting, routing, or providing connections for, material through a system or network controlled or operated by or for the service provider, or by reason of the intermediate and transient storage of that material in the course of such transmitting, routing, or providing connections, if—(1)

the transmission of the material was initiated by or at the direction of a person other than the service provider;

(2)

the transmission, routing, provision of connections, or storage is carried out through an automatic technical process without selection of the material by the service provider;

(3)

the service provider does not select the recipients of the material except as an automatic response to the request of another person;

(4)

no copy of the material made by the service provider in the course of such intermediate or transient storage is maintained on the system or network in a manner ordinarily accessible to anyone other than anticipated recipients, and no such copy is maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and

(5)

the material is transmitted through the system or network without modification of its content.

(b)System Caching.—

(1)Limitation on liability.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the intermediate and temporary storage of material on a system or networ"

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Thanks

Attorney Bill

Expert:  Bill Attorney replied 2 months ago.

Dear Customer,

This is attorney Bill following up with you on your question.

If you need more assistance please let me know.

Just a reminder that by leaving a positive rating I get a credit for my previous response and time.

SO please take a moment to rate.

You do this by clicking 5*****, 4**** or better.

SO I hope you rate FIVE STARS today before exiting.

Thanks

Attorney Bill