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Am I Liable For Content Posted By My Website Users?

Yes, as a website owner, you are liable for things people post on your website – also know as “user generated content”.

By letting your website visitors post images, content, comments or contribute to your website, you may be opening yourself up to claims or headaches from issues you are not even aware of. Permitting website visitors to freely contribute, could potentially be seen as ‘enabling’ or ‘permitting’ the distribution of any offensive or illegal content. Even if you were not aware that this type of material was on your website – you may be liable.

What can I be liable for?

There are a variety of things that could be a breach of the law or an infringement of rights that you may find you are liable for. For example, some users or contributors to your website may be posting defamatory or offensive comments. If you do not address this and there are complaints, particularly by the person(s) who are the subject of the defamatory remarks, you could find yourself in the middle of an expensive lawsuit.

Other users may contribute photos, images or content which breach the copyright of another person. This means they have posted content which belongs to someone else without their consent or authorisation. Normally, if you take down the content as soon as you receive notice of the infringement, the content owner will take no further action. But in some instances they may seek to claim for profits they believe you have received or for loss or damage they may have suffered as a result of the breach.

Advertisements or affiliate promotions on your website could contain false and misleading claims. You will not be directly liable but may be seen to be enabling these promotions if you do not heed requests by regulators to take them down. Alternatively, you may find that some of the customers of your advertisers may complain to you if the goods or services are not adequate, are not received or do not meet the quality advertised.

How can I protect myself and my website?

First, the best way to avoid some of these additional headaches is to ensure you have good Terms & Conditions and a strong Disclaimer on your website, ensuring that visitors agree to only use the information they read at their own risk.

Second, have users, contributors and advertisers on your website agree to specific Terms which state that they will be solely responsible for any claims in respect of anything they post or advertise. You also need to be clear in these Terms that you can remove any offending material, at anytime and at your discretion.

Third, ensure you have compliance measures in place. This means you need to have someone regularly checking, reviewing and monitoring all posts and content contributed by users to your website.

In summary, ensure you are aware of the potential issues when you allow others to use and contribute to your website. It can be a great way to generate interest and attract visitors to your website, but make sure you have these protections in place first!

We’ve combined all the legal notices you’ll need to set up your online business (Privacy Policy, Disclaimers and Terms & Conditions) into one easy Website Legal Package.

About Vanessa Emilio

Vanessa Emilio (BA Hons, LLB, ACIS, AGIA) is the Founder and CEO of Legal123.com.au and Practice Director of Legal123 Pty Ltd. Vanessa is a qualified Australian lawyer with more than 20 years experience in corporate, banking and trust law. Follow this link to read the full bio of Vanessa Emilio.

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Legal123 was the first 100 per cent online law firm in AustraliaLegal123 is an Australian full-service law firm founded in 2009. We were the first 100% online law firm in Australia and are proud to be part of a growing movement to provide value-for-money legal services online. We offer both online legal templates and customised legal work. Our templates are designed for standard situations. We also do custom legal work for clients who have non-standard requirements or need legal advice. More »

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Legal Guides & How To’s

How to Avoid Copyright Infringement
How to Choose the Right Business Structure
How to Comply with GDPR
How to Develop an App
How to Divorce in Australia
How to Hire an Independent Contractor
How to Manage a Holiday Rental Property
How to Run an Online Forum
How to Set Up an App Business
How to Start an Online Business
How to Trademark Your Business Name
How to Write a Confidentiality Agreement
How to Write a Letter of Demand
How to Write a Power of Attorney
How to Write a Privacy Policy
How to Write a Shareholder Agreement
How to Write Terms and Conditions
How to Write a Will in Australia
Legal Guide for Bloggers
Legal Guide for Consultants
Legal Guide for Copywriters
Legal Guide for Graphic Designers
Legal Guide for Life Coaches and Mentors
Legal Guide for Personal Trainers
Legal Guide for Photographers
Legal Guide for Property Managers
Legal Guide for Social Media Marketers
Legal Guide for Web Developers
Legal Guide to Coronavirus (COVID-19)

Legal FAQs

Am I Accidentally Sending Spam Emails?
Am I Liable For Content Posted By Users?
Can a Power of Attorney Be Used to Buy a Car?
Can an Executor Be a Beneficiary In a Will?
Can Terms & Conditions Be Worldwide?
Confidentiality Agreement vs. NDA?
Disclaimer or Terms & Conditions?
Do I Need a Permit to Run a Competition?
Do I Need a Website Disclaimer For My Website?
Do I Need a Will?
Do I Need an Email Disclaimer?
Do I Need Insurance for My Website Business?
Does My Business Comply With Consumer Law?
Is It Legal to Not Offer a Refund?
Pros and Cons of Creative Commons Licences?
What Is a Service Level Agreement?
What Is the Law On Gift Cards and Vouchers?
What Legals Do I Need for My Website?

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Legal123 Pty Ltd is an Incorporated Legal Practice (ILP) registered with ASIC. Information and templates sold on Legal123.com.au are not legal advice. Use of this website is subject to the Disclaimer and Terms & Conditions. Liability limited by a scheme approved under Professional Standards Legislation.