Posted By Ken Urquhart
An interesting debate.
I certainly feel that there has to be moderation of some kind of the site.
(Standards, behaviour, language, responibleness of information etc.,)
I also believe that there has to be a general measure of the nature and factualness of the information flow.
However, and I am no expert in these matters I do not see such a strict liability on the moderation as some of you do.
Firstly as I think both Mark and Ian eluded to, the site regulated as it is, perhaps not many users bother with the small print, they just get on and use it:
If you over regulate, will it not destroy the very essence of the site, the free and spontaneous sharing and exchange of information and knowledge?
The forum is effectively open to anyone, in theory if you take the concept of the world wide web lieraly, every single person on the Planet!
The majority of users to my understanding however access the site,
A.) Because they are looking for something specific and believe that the site might be of help to them.
B.) As I regularly do, view the site to see what the current information flow is, "The Crack" if you like, and where I see an issue or topic that I believe I have some relevent knowledge or experience of, I offer comment or contribution.
C.) The chance visitor/or link site directed who may or may not post something whether or not they have any specific interest in the broadest field of Occupational Health, Safety, Environment or related issues.
Bear in mind that visiting "contributors" have to register and give e-mail address contacts.
Generally the vagrant surfer does not bother with postings or submissions where there are formalities to go through, unless they are particularly intent on malicious behaviour towards the particular site, (I may however be proved wrong on this belief in time).
In regards to the quality and authoritivness of information on the Forum.
Do most users consider that the information that they post either as questioner or respondent means that they are "Expert".
Do people who respond and pass on information really believe that the recipient will take that information as absolute.
Are you the respondent really saying follow my opinion or advice and regard no other? I think not, (or am I being naive?)
I suggest that enquirers are using the forum as one of several and varied sources of checking something out,as I do.
In essence using it as a means of gathering information which the recipient will consider with other sourced information in making a decision or developing a strategy on a particular issue.
(A bit like Risk Assessment and the preparation of Method statements etc arising out of the information accumulated out of the Risk Assessment).
I personally can't see that a Court, and is that not who/where any ultimate adjudication about monitoring and accuracy would be made, would find much favour with a submission/defence argument that the individual or organisation went along or did not go along a partiucular path in regard to an aspect of its business performence based solely on information taken from a Web site discussion forum, regardles of whether or not it is the Forum of a Professional Body/Organisation.
I think that IOSH and the monitors acting in aqssociation with it are demonstrating if you like, :"Best practice, responsible and professional bhaviour" etc by the fact that, having a discussion forum on it's Web site, it monitors it for standards and tries to ensure accuracy within the bounds of the medium.
IOSH will I am sure as the Forum is an Electronic Data system have records of messages and responses posted together with record files of intervetons.
These I suggest would in any legal argument provide/demonstrate correct behaviour within that which prevails at the current time and is seen generally as acceptable to society.
Also note that within the moderation guidance it requires the appointees to liaise with each other and the IOSH Communications Working Party, who are appointed by and are answerable to Council.
I do not see Moderators acting in isolation.
Thus I submit the Moderator is not acting alone and is not exposing themselves to absolute liability. (IOSH in having a structure of review, contol and moderation all the way back to its body of management, Council).
Whether or not all these "control measures" create absolute Liability on IOSH or simply demonstrate as I said earlier, responsible practice I am still not sure.
Like Mark however, I note on quickly reviewing other professional and governmental web sites with and without discussion forums that they all print or refer to policies/pocedures about information/comment displayed, products or resources refered to and links to other web sites and or related organiations to which their site may might refer you, all carry disclaimers of some sort or another.
As to their legality that would probably have to be tested.
Consider the Safety & Health Practitioner, is IOSH liable for every word published in this magazine?
The Journal, as the learned document you might think would carry a more strict liability for IOSH. There is a disclaimer in the foreward index page. Does this require testing in aw, are IOSH responsible?
Perhaps each time the message Forum page is pulled up by a viewer/contributor a bold disclaimer or referral notice should appear on the page warning that the information, comment is that of the individual, is not necessarily the view of IOSH and may or may not have been screened for responibilness of
language, behaviour, and in so far as possible accuracy,(Back to the original issue). Respondents are reminded that they may have personal liabillity for statemnts made, advice given, or actions taken.
Like Mark and Ian, my fear is if we went down this line we would I believe, destroy the spontaneity and purpose of a discussion Forum.
To get people to openly, freely and enthusiastically - Air, Care and Share in their area of need or expertise.
I will watch this space.
Regards.
Ken Urquhart.