Blog Entry

Using Disclaimers as Thin Cover

Two comments

Disclaiming responsibility offers thin legal cover if a site engages in various misdeeds. That said, disclaiming is also de rigueur for most sites. Years ago when I was teaching a New Media writing course, one of our assignments was to review existing disclaimers on the WWW. We identified the various uses of disclaimers for content sites. These often addressed The type of information covered in the website The original intention of the website builders and owner for the proper use of the information (e.g. Medical information should not be used for self-diagnosis or independent treatment. Stock information should not be used for investment purposes or as advice but only as general information.) Anticipated changes, revisions and updates to the information The fact that opinions presented on the site might not express the opinions of the website owner or business (especially if there were threaded chats, guest books, or other forms of interactivity) A recent proviso I read suggested that an online survey site was an online service provider, not "a publisher or editor of content." Indeed, a general reading of media law suggests that if an organization takes on "editor" responsibilities, then this organization becomes responsible for all the information on the site. A more loose-handed approach, which allows information of various types of push through a shared space, tends to work better. Many listservs then use policies and membership requirements to weed out those that would post unsavory information. Other disclaimers address copyright ownership and how their information may or may not be used. There are trademarking issues that are discussed - such as who owns which registered or trademarked names. There's the rider that addresses the fact that the use of a URL for a site does not mean endorsement of the information within that site or link. Disclaimers are about anticipating potential liabilities and addressing them before it gets to the stage of an actual lawsuit. Building sites for instructors and organizations, instructional designers may take a foray into the world of disclaiming, even though this is thin cover. And then they should back up the disclaimer with intelligent processes and procedures to keep the organization "safe," which is also a relative state.

Comments

Selma 3 years ago

What a fabulous site, I plan on checking back soon!

Eruditio Loginquitas 3 years ago

Hi, Selma: Thanks for your encouragement. We hope you would engage the ideas here.

Sorry for the delay in posting a response.

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