The liability, if there is any, rests with the poster -- assuming you can find out who it is. The courts are all over the place on whether web sites can be forced to reveal the identity of posters, as well as what the claimant must prove in order to compel that.
This story was on our local radio station this morning.
Finding out such posters...usually depending on the website this one can be easy. Lets say that you run a hotel only to fire someone who wasn't doing their job and then a few weeks later on Trip Advisor the "reviews" all of a sudden are saying that your hotel has bedbugs even though such a complaint wasn't even brought up in the past by any of your guests. Hmmmmmm Who could the poster be ???
Courts aside..some websites even if they don't advertise it will track down the ISP address if asked. Now once you find out whom wrote the post that will be up to you as to decide "what is next" such as forget about it, send them a private message saying you know who they are to scare them hoping that they will never do it again, or will you file a lawsuit ??? Working in radio and TV for so many years I can tell ya the many of broadcast sites out there if you say ( true or not ) that if you are from the CBS legal department..they WILL buck down and give you all the info you will need to know to find out who had wrote that post.
post edited by cathyftr - 2012/12/27 23:49:32