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am I correct to assume that by using an avatar, instead of a photograph, I'll be able to avoid any libelous and copyright issues on a social networking website?
I'm setting up a social networking website. BestFlames.com (temporary name) is a site for users to write journal entries of previous dates, girlfriends and boyfriends. Users create their own profile, produce a journal entry, rate it, comment and share it with other users/friends in their network.

I can share a short powerpoint presentation with you for you to gain a better understanding of issues facing the business. The website could be controversial but I believe there ways around the libel issues.
asked in social networking, libel, startup

Answers

Logicalawyer answers:

The bottom line is:

Print anything that is untrue as long as it is followed as a disclaimer or exclusion to say that its just a joke, so in essence your comments on the avatar should not be based on truth.
Or if you use no disclaimer make sure you use something which is not a lie. Libel is something untrue, no liability if it is; It is a very grey area. Essentially your disclaimer needs to be big print and stated several times, the website your opening may be contravening privacy under the european convention on human rights.

Without such a disclaimer printing untrue comments may lead to libel action but from the person who can claim directly to have suffered the damage. The onus is on the claimant to prove it. Just because someone may be unknown does not mean they cannot suffer damage, but the likely of successful action is much weaker.
Some people may unwittingly become liable for breach of confidence, it may work for delicate intimate information ,evidential issues do arise here.

All what i am saying is the worst case scenario, but its not impossible.


3 years ago / reply

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