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What Unmoderated means

Started by Administration, April 15, 2009, 09:16:17 PM

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Admin1

This post from the FAQ's helps in understanding the speech restrictions such as libel:

http://theunknownzone.dailynuisanceproductions.com/index.php?topic=17895.0

QuoteWhere's my Freedom of Speech! Why can't I say what I want on the forum. It's just my opinion.

Well besides the fact that the Unknown Zone's Rules & Polices make certain restrictions which tend to follow the law, ( to see the Rules and Policies: http://theunknownzone.us/smf/index.php?topic=17797.0 ) , free speech isn't an absolute and the law itself places restrictions on what you can say, verbally or in print, opinion or not.

Here's a good explanation:

QuoteDo I Really Have Freedom of Speech?

Many Americans pride themselves with the fact that the United States government has addressed the notion of our Freedom of Speech; however, they feel that the word freedom is a bit misleading in this regard. Many feel as though they do not, truly, have Freedom of Speech, due to the boundaries that have been placed on them through the conditions of the 1st Amendment. They feel that their speech is mildly tainted since there are so many restrictions placed on their freedom. Some feel as though they just do not have the full creative rights that they need and deserve. Now, let's be honest to ourselves and each other. If these restrictions were not in place, there would be a great deal of quite more harmful messages sent out into the world. These boundaries are not set in place to harm you, but to see to it that no harm comes to you. To whom much is given, much is expected... so therefore, with your Freedom of Speech, also comes the right to act responsibly.

1. A restriction that is placed on your right to Freedom of Speech is the notion of "Clear and Present Danger." This means that with your Freedom of Speech, you do not have the right to publish any material that is going to jeopardize the state of the nation's security. It can not pose any threat to the safety concerns of the inhabitants of the United States.

2. Another restriction that you have in terms of your Freedom of Speech is that you are not to commit the act of defamation. This means that you are not to state anything that you know to be false about someone, that you know could cause harm to their reputation. You are not to say anything, knowingly false, that is going to cause others to choose not to associate themselves with that person based on the falsehoods that you have stated or published. Although you do have Freedom of Speech, you are not allowed to make any false claims that are going to cause that person to have a negative image.

3. An additional restriction that is placed on your right to Freedom of Speech is the zero tolerance for obscenity. Obscenity is characterized as any expression of lewd expression that is offensive to others. Although this part of the restriction placed on your Freedom of Speech is very subjective, we all know how to determine whether or not a form of creative expression is deemed to be obscene. Even as the artist, you are able to make the fairest assessments as to whether or not your art form is obscene. We must use our better judgment in all our expressive art forms to make those key distinctions between Freedom of Speech, and pure obscenity.

(thanks to libel.com, content used for educational purposes)

Also:

QuoteCan I Be Sued for Something I Put on the Internet?

Yes.  The laws regarding defamation apply to Internet as they do to more traditional media.  However, federal law protects Internet service providers (ISPs) and other interactive computer services from many lawsuits.

(thanks to medialaw.org, content used for educational purposes)

QuoteMost jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:

    * Attacks on a person's professional character or standing;
    * Allegations that an unmarried person is unchaste;
    * Allegations that a person is infected with a sexually transmitted disease;
    * Allegations that the person has committed a crime of moral turpitude

(thanks to expertlaw.com, content used for educational purposes)

QuoteCan statements be protected by the use of the words "alleged", "it is rumored" or by use of quotation marks?

This answer is no. One cannot escape liability for defamation by putting the libel behind a prefix such as "I have been told that ..." or "It is rumored that ...", and then asserting that it was true that one had been told or that it was in fact being rumored.... For the purpose of the law of libel, the hearsay statement is the same as a direct statement.

(thanks to cyberlibel.com, content used for educational purposes)

QuoteLibel Checklist

Look for material that identifies a person or an entity.

    Keep in mind that it is possible to identify people or entities like corporations without actually using a name. If the material contains identifiable voices, likenesses, or descriptions of or concerning a person or a company, it could be a problem.

Would the material negatively influence a reasonable reader's opinion of the person or entity identified?

a. It would reflect badly on the character of the person or entity.

b. It could harm the reputation, diminish the esteem, respect or good will in which the person or entity's relevant community holds him, her or it.

If the material might reflect badly on character and/or harm reputation, would the harm be the result of:

An explicit statement.

An insinuation.

A sarcastic statement.

A parody or cartoon.

An opinion that implies that there are unstated defamatory facts underlying it.

The fact that material has already been printed somewhere else is not a defense except in the narrow fair report circumstance. Republication of a libel creates another libel.

(thanks to utsystem.edu, content used for educational purposes)

So no, you cannot say whatever you want on the forums, and it's mainly the law itself and not the Unknown Zone that makes it so.

Admin1

Quote from: Admin2 on June 16, 2009, 04:32:26 PM
Please be aware of the distinction between posts that are crude or insulting, and those that are clearly libelous.  Libel will never be permitted on any of the boards here at The Unknown Zone, whether they're moderated or not.

Making accusations of child molestation against anyone, even public figures, is libel and libel is never tolerated anywhere on the Unknown Zone or any DNP site.

The Unknown Zone Administration Team

Global Moderator1

Quote from: Global Moderator2 on August 14, 2011, 12:02:05 AM
The Zone would like to remind members to keep their interpersonal squabbles and nasty comments about each others off forum lives private and not to post them on the forum.


The Unknown Zone Administration Team

:police:

Admin1

The Zone would like to remind members to keep their interpersonal squabbles and nasty and profane comments about each others off forum lives private and not to post them on the forum.

The profanity and personal attacks have been getting over the top in this area and there is no legitimate reason for it. Tone it down.


The Unknown Zone Administration Team

Global Moderator2

Quote from: Admin1 on August 13, 2014, 09:25:28 AM
The Zone would like to remind members to keep their interpersonal squabbles and nasty and profane comments about each others off forum lives private and not to post them on the forum.

The profanity and personal attacks have been getting over the top in this area and there is no legitimate reason for it. Tone it down.


The Unknown Zone Administration Team