Understanding Liability Issues For Streaming Media and VoIP

Recently, however, some courts have held that the immunity is not as broad as previously interpreted. Some courts have limited the immunity to situations in which the party claiming immunity monitored the material posted and had a system in place to prevent and/or take down offending postings. Other courts have constrained the immunity to situations in which the party claiming immunity acted as a mere conduit for the information and had no reason to know the information was being sent, let alone that it was defamatory.

While streaming video, chat rooms, bulletin boards, and the like have been available for some time, each new communication technology raises new issues with respect to how the law will treat information passed over a new medium. Thus, the outlook and potential liability for VoIP companies, and other newer technologies, is unclear. While defamation suits are not brought against the telecommunications providers for defamation committed over the telephone in the "real world," it is unclear whether anyone will seek to hold VoIP companies responsible for defamation occurring over their networks. The answer will lie in the specific circumstances of the case, the actual workings of the subject technology, and the continued interpretation of the statute by the courts.

What To Do
Publishing on the Internet via streaming video and other means creates serious responsibilities and significant potential liability. Although immunity exists, it may be significantly constrained in the future, and its application to new technology is unclear. Based on the recent cases the court system has seen, as well as factors that are used for immunities in other laws, below are some suggestions that should be strongly considered:
• Develop methods, consistent with your business model, for checking the accuracy and legality of items posted, or posted by others, on your Web site.
• Consider creating a method for users and viewers of your Web site to contact you about objectionable content, and creating a plan to deal with such complaints, including under what circumstances content will be removed and how under what circumstances the content will be restored.
• Regularly review and monitor the content on your Web site, especially if you allow others to post items directly on the Web site without editing.
Finally, if you find yourself either being defamed or otherwise harmed by material on the Internet, or if you have been accused of doing so, you should immediately seek legal counsel regarding your rights and potential defenses to such claims.