Recently, however, some courts have held that the immunity is not as broad as previously interpreted. Some courts have limited the immunity to situations in which the party claiming immunity monitored the material posted and had a system in place to prevent and/or take down offending postings. Other courts have constrained the immunity to situations in which the party claiming immunity acted as a "mere conduit" for the information and had no reason to know the information was being sent, let alone that it was defamatory.

What to do

Publishing on the Internet, whether via e-mail, in a chat room or on a Web site, creates serious responsibilities and significant potential liability. Although an immunity exists, it may be significantly constrained in the future, and its application to newly developed technology may be unclear. Based on the recent cases the court system has seen, as well as factors that are used for immunities in other laws, the following suggestions should be seriously considered:

-- Develop methods, consistent with your business model, for checking the accuracy of items posted, or that are posted by others, on your Web sites.

-- Create a method for users and viewers of your Web site to contact you about questionable, objectionable or allegedly false information or postings on your Web site.