International law as it applies to community

(Sarah Hawk) #1

To the laws of which country is a community bound by?

A community run out of Australia has a policy of not removing posts.
A member in the US wants a post removed and claims that it is ‘his right by law because it is a privacy issue’.

Let’s say for the sake of argument that there is an applicable law in the US (I don’t know whether this is the case or not), would that apply in this case?

Another example:
A member in a UK community says something that could be considered defamatory about a business based in the US. The company’s legal team submit a take down order. What would be the repercussions of ignoring that?

Both of the above examples are fictional, but are things that I’ve come up against in the past.

Does anyone know about the law as it applies to communities?

(ForumSentinel) #2

This is something I encounter regularly with our community’s large international user base. Topics such as when an individual is of “legal” age and discussion of illegal/legal substances can vary quite noticeably between countries and will be used in a ban appeal (e.g. it’s legal in my country so I shouldn’t be banned). I think this one is fairly simple to determine if the policy is laid out plainly upfront. For our rules we specify legal guidelines are based on US federal law.

Our terms of use basically say any content you post is likely up forever and we may refuse to remove any of it so think before posting.

(Sarah Hawk) #3

I’ve always used the same policy.

Stating it upfront makes sense. I assume there must be a hard and fast rule on this though.

(KiheiMan) #4

I think @ForumSentinel has it roughly right, but even with T&C’s and Rules Of Conduct stated up front there is still an amount of discretion you have to apply.

I also think that some/all of this is dependent on the country of the business. While we are all global on some level, if you are a US-based or UK-based company then consideration for that is probably already applied to T&C’s and Rules Of Conduct.

Where additional discretion has to be applied, something we know 1st hand is a) how you deal with any government and their users (and this obviously varies and must be respected!) and b) how you handle certain forms of Rewards & Recognition (which also has the “government factor” but absolutely must also consider the “country factor”). I’m not talking necessarily about points, but badges and any “goodies” have to consider what I am saying here.