Just how protective are disclaimers on forums?

For instance, say I run a forum and have a disclaimer that states in so many words, “I (as the owner and admin) am not responsible for anything posted on my forums by other users.”

Say I also have an adult picture section that is private to registered users only. The software used is Invision Power Board and it comes standard with a COPPA Request form for minors to have their parents fill out (yeah, sure that’ll happen) before joining.

One forum I know of had an instance of one guy posting a video of a girl on a webcam masturbating and telling this guy how much he’s missing out by not being with her. The girl was supposedly psycho or something.

There was a huge news piece written up a few years ago on this video as well, reason is, the girl was only like 15 or something.

The admin instantly deleted this and warned the person (who did not know the person was underage) about this video.

How protected was the admin for that being on his site at the time? If a States Attorney saw that before it was deleted, could the admin have gotten in big trouble or not? Because it states before joining that the admin is not responsible for what users post.

What if someone posts something like that here?

Still no info. :frowning:

IANAL but the DMCA Safe Harbour provisions rule that a webmaster is not in any way culpable for any illegal material posted in a forum or blog as long as they act promptly to remove it when asked.

Great ! You have a link? Maybe I should just google it.

Try the case of Tucker Max vs Dimeo (pdf). It’s eminently readable for a legal brief.

hmmphf! All my briefs are eminently readable!