Written to overturn an earlier ruling regarding moderation of posts, Section 230 of the Communications Decency Act says:
"No provider or user of an interactive computer service shall be treated as
the publisher or speaker of any information provided by another information content provider." 47 U.S.C. § 230(c)(1).
According to Jonathan D. Hart of Dow, Lohnes & Albertson, in Washington D.C., "... the dominant view is that a web publisher does not take on responsibility for message board postings merely because it edits those postings. Instead, a publisher would be libel for the content of message board postings only if its edits gave rise to or aggravated the libel."
Another area to be concerned with is your privacy policy. While some users think anonymity is a right they have in your virtual community, it might be a good idea to remind them that in some extreme cases, records may be handed over to authorities.
As with most things on the Internet, the legal aspects of publishing user content on your site change frequently. It's important to stay up to date with legal rulings about publishing online.
For example, Hart noted, "The California Supreme Court is currently reviewing a decision of an intermediate appellate court that concluded that a Web publisher can be held liable for third-party content once the publisher has been put on notice of the libelous nature of the speech. In the view of the appellate court, once a Web publisher is informed that a message board posting is libelous, it would become responsible as the publisher of that posting if it failed to take it down."
Jennifer Scott, Online Editor at nwitimes.com, wrote in an email, "The Times does not encourage staff members to participate in discussion nor is it banned. I think the reporters and editors would have to be very careful in what discussions they participate and it would be wise for them to avoid topics in which they report."
On June 8 of this year, The Times posted a message saying that all nwitimes.com employees would be identified as such on the forums and that no reporters or editors would be participating in the discussion.
Even if they don't interact with the community officially, though, they can still be an extra set of eyes to catch small problems on the forums before they become big problems. Get to the weeds before they grow out of control. As Chris Willis put it, "Know who should not be in your community."
Speaking of anonymity, there's something to be said for making forum users use their real names. It's a tough question. If you force people to use their real names, you might get higher quality posts (or, at least posts not as offensive), but less people might sign-up and participate. If you're moderating, though, giving people a little anonymity and watching their interaction with the community, you might end up with more signal overall.
Chris Willis on anonymity:
"... there is a natural reward for participants to be more forthcoming if security issues can be addressed properly. Greater disclosure can result in greater trust, reputation and more meaningful collaboration.
"From my observations, anonymity is more than a name. People seem helpless to not share intimate or personal details in their conversation/interactions that they would rarely share with coworkers or neighbors."
I think at this point it's best to let the members of your community decide if they want to use their real names or not. Some publishers might try to force people to use their real names to participate as a quick fix for Internet trolls, but if you look at sites like Slashdot and K5, you can see that with the right moderation you can maintain a pleasant plant/weed ratio while allowing anonymity.
http://www.ojr.org/ojr/stories/050623mallasch/