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Comment by baggy_trough

7 months ago

What are the simple and cheap mitigations you have in mind?

Don't run a website personally, set up a separate legal entity. The UK is one of the easiest places in the world to do this and has well-understood legal entities that fit the model of a community-operated organisation (i.e: "community interest company"). The fact that the OP is running such a large community as an individual is bonkers in the first place, independent of this new act.

  • Personally, I think it's bonkers that an individual can't run an online forum.

    • I agree but that ship sailed a decade ago. There's no additional risk with the new bill, it's more of the same. If there are concerns about liability because of this new bill then there should be concerns about liability already.

      I sympathise with the OP because at some point everyone becomes too old to deal with the headaches of running a community. I have no opposition to their choice to shut down the forum. I just don't believe liability as a result of the new bill is the reason.

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  • It raises the cost and hassle involved from "I need a cheap hosting package" to I need to do paperwork, keep and file accounts, etc.

  • Are you claiming that setting up a CIC removes individual liability for wrongdoing? So, I set up a CIC for running forums, with $0 of assets and negligible running costs, then in the event of a fine I'm scot free?

    • Yes. A CIC is just a limited company with some additional community interest obligations. You can set up a limited company to shield yourself from liability (i.e: if your website is sued by a user, your personal assets aren't at risk) and only in exceptional cases (where serious lawbreaking is involved) could you be held personally liable.

      Rightly or wrongly, limited companies in the UK provide a high degree of protection for wrongdoing. Defrauding HMRC out of hundreds of thousands of pounds and suffering no consequence is happening day in day out. An Ofcom fine is nothing by comparison.

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