Pre-moderation vs Post-moderation
| Author | Post |
|---|---|
| Stephen Andrews |
Hi guys. I'm currently working through Module 2 and I'm not sure I agree with some of the points. The module seems to strongly suggest that pre-moderation is the best for protecing yourself legally and "Offers protection for brands against libellous material". I work for a very big forum, and I know they've spent a fortune on very expensive lawyers over the years, Their opinion is that post-moderation is the only way they can protect the site. The theory goes like this... With pre-moderation, you are acknowledging you read every post on the site. You are in a way taking ownership of it as if it were your opinion. The jargon even says you are "approving" the post. You've just made yourself responsible for your members' opinions. With post-moderation, or more specifically, a "report a post" system, you are making it clear in your T&Cs that don't read every post. That there is a very clear reporting and removal procedure. If someone objects to any post on your site you have the argument: "We were not aware of the libellous comment. As soon as it was brought to our attention through our reporting procedure it was immeditately removed", you can also say "As we make it very clear we don't read every post, no reader could infer that we approved, or condoned that opinion." As I understand it, this is a strong legal defence, If you pre-moderate you've lost that legal defence (though I stress I'm not a lawyer. This is just what I understand). |
| Posted 9 years ago #1 - View post | |
| Moderation Team |
Hi and thanks for your post - one that we found thought provoking and interesting. Firstly we would like to say that pre-moderation just like post-moderation is subject to the efficiency and discretion of the moderator. If the moderator doesn't make the right judgment call (in line with the site’s guidelines) regarding illegal, libellous and dangerous content then it can be viewed whatever moderation method has been adopted. If inappropriate content is posted on a site, and the moderators have failed to find and deal with it appropriately, then the site operator may become liable for that content. However, if the terms and conditions of the site have been legally written and include disclaimers then these risks are mitigated as far as we understand. The less time that offending content appears online, the fewer people will see it and limit liability. We believe that pre-moderation is the first line of defence - protecting brands and individuals robustly by not allowing any inappropriate/illegal/libellous content to be published therefore reducing liability for all. We are unable to comment on your post about the legal stance your employers website have taken in regards to pre- and post moderation methods without researching this. We will investigate the connection further between the different methods of moderation and where the liability for the content may fall. We will update and respond here with any new findings. Many thanks.  The Team |
| Posted 9 years ago #2 - View post | |
| Stephen Andrews |
If inappropriate content is posted on a site, and the moderators have failed to find and deal with it appropriately, then the site operator may become liable for that content. Thanks for your reply. It's certainly an interesting subject. Just to add that actually, we've been given the strictest instructions that we are NOT supposed to actively look for material that breaks our T&Cs. We MUST wait for a report. I'm guessing the fear is that if we ever give the impression that we are pro-active, it could be implied we saw libellous material and ignored it when if fact we make it clear we only react to reports. If it's not reported, then we don't know about it. |
| Posted 9 years ago #3 - View post | |
| Annie Slee | I'll pass this information on to the rest of the team. Your contribution will no doubt spark another dynamic discussion. It's really valuable to find out how different websites deal with flagged and reported content - thanks so much for sharing :) |
| Posted 9 years ago #4 - View post |