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It’s not a legal requirement to have the disclaimer or warning. Many websites do so, in order to have an added layer of protection against any complaints, but even such a warning page has not been ruled to be an iron-clad defense against complaints.
Secondly, in regards to posting such material, that’s a separate event from someone viewing the material. The warning page to which you refer is actually more of a declaration page by the viewer/websurfer, in that they are stating that they are above a certain age and that such content does not violate their local community standards. So long as the person uploading the content met those requirements, they’ve done nothing wrong, since they cannot control the actions of the viewer. Also, simply providing a ‘storage place’ for such content is not illegal, so long as the owner of the storage place meets the above standards as well. If both the owner & uploader are within those legal standards, the only possible violator is the under-age viewer. Sergeant Cid edited this message on 08/20/2010 6:29PM |
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Posted On: 08/20/2010 6:28PM | View Sergeant Cid's Profile | # |