I make this post in my capacity as a HC citizen and NOT as a mod: As I see it there are two problems in Australia. If you post something defamatory 1. you can be sued 2. HC as the publisher can be sued.
Understandably the owners of HC have no interest in being sued just so you can let off some steam via a defamatory outburst so that is the reason censorship is so hard line.....however.......
I recently signed up for a US stock forum Elite Traders as I was seeking discussion on the Bakken Shale in North Dakota. As I was signing up I noticed this in their TOU :
"As an interactive computer service, we are provided immunity by the United States Congress in Section 230 of the Communications Decency Act of 1996 from being held responsible for material published to our site by users of our services. As a user of this site, you will be held solely responsible for the content of any message that you post. If you post libelous, defamatory, slanderous, or otherwise untruthful remarks about a person or company, you could be putting yourself in legal jeopardy."
So it would seem that if HC was a US forum they would have immunity but you would still be liable.....I will not speculate what the moderation policy would be if the same rules applied in Australia. I am supposing the really bad stuff would still be removed for your protection but perhaps the moderation rules would be slightly more lenient as it would be no skin off HC's nose should you wish to put your head on the chopping block (apologies for the mixed metaphors)......
At least that way if you were to choose to be a 1960's style flower power civil rights activist who wanted to get hauled off to court to make a point about your right to free speech then you could do so without any repercussions on the owners of HC.
Perhaps the first law that needs to be changed should be the granting of immunity to HC......but then what ??
