Who should be held accountable for sharing illicit content on the website? Is it the person who authored the post, the administrator of the site, or the individual associated with the domain name?
Crimes defined in the Criminal Code are only committed with explicit intention, meaning an individual is fully aware of the potential harm caused by their actions or lack thereof. They foresee the likelihood or inevitability of socially harmful consequences and intentionally desire for them to happen.
In specific instances, a person found guilty of perpetrating a crime engages in the dissemination of extremist content with the objective of fueling hatred or animosity, as well as degrading the dignity of an individual or a collective based on factors such as gender, race, nationality, language, origin, or their religious affiliation to any social group.
It is essential to address the spread of such materials and take appropriate measures to prevent the incitement of hatred and discrimination. Promoting tolerance, understanding, and respect for diversity remains crucial in fostering a harmonious society.
The responsibility for posting illegal content falls solely on the individual who uploaded it. However, if the website has a system of pre-moderation in place for posts and comments, then the administrator who approved the publication will also share this responsibility.
In addition to that, the site owner holds the responsibility for not removing prohibited information. As stated in Federal Law 1 On Information ..., the site owner is defined as "an individual who independently and at their own discretion determines the rules for using the website on the Internet, including the process of publishing information on said website." By default, the owner of the domain is typically recognized as the owner of the site.
It is crucial for both individuals and organizations to understand their obligations in relation to online content. Implementing effective moderation systems, along with maintaining awareness of legal frameworks, can contribute to fostering a safer digital environment for all users.
From the perspective of a legal and ethical specialist, the accountability for sharing illicit content on a website can be attributed to multiple parties, each with varying degrees of responsibility. Let's explore this in more detail:
1. Content Author:
- The individual who authored and posted the illicit content bears the primary responsibility for the unlawful act.
- They made the conscious decision to create and disseminate the illegal material, knowing or should have known the consequences of their actions.
- This person can be held criminally and civilly liable for the production and distribution of the illicit content, depending on the specific laws and regulations in the jurisdiction.
- The content author may face charges such as possession or distribution of child pоrnography, incitement of violence, hate speech, or other illegal activities, depending on the nature of the content.
2. Website Administrator:
- The website administrator, whether an individual or a team, has a fiduciary duty to ensure the safe and lawful operation of the platform.
- They are responsible for implementing and enforcing content moderation policies, monitoring user-generated content, and promptly removing any illegal or illicit material.
- Failure to do so can make the administrator complicit in the distribution of the unlawful content, as they have enabled and facilitated the dissemination of the illegal material.
- The administrator may face civil and potentially criminal liability for their negligence or willful disregard of the illicit content on the website.
3. Domain Owner:
- The individual or entity associated with the domain name is considered the owner and operator of the website.
- They have a legal and ethical responsibility to ensure that the domain is not being used for unlawful purposes, such as the distribution of illicit content.
- If the domain owner is aware of the illicit content being shared on the website and fails to take appropriate action, such as suspending the domain or reporting the content to the relevant authorities, they can be held accountable for their inaction.
- The domain owner may face legal consequences, including fines or even criminal charges, depending on the specific laws and their level of involvement or knowledge.
It's important to note that the responsibility for addressing illicit content online extends beyond just the website operator and domain owner. Internet service providers (ISPs), content delivery networks (CDNs), and even social media platforms can also be held accountable if they fail to take appropriate measures to detect, report, and remove such content from their systems.
In some cases, these intermediaries may be required by law to implement content monitoring and takedown procedures, and their failure to do so can result in legal liability.