I guess we should have a look at how Mastodon admins deal with this kind of situations
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Absolutely. And it is definitely something that is not being talked about as much as we need to. Lemmy is growing!
Also, I don't know if you are aware of the EFF publication: https://www.eff.org/deeplinks/2022/12/user-generated-content-and-fediverse-legal-primer
Legally speaking? I believe webhosts are required to remove illegal materials whenever its brought to their attention. If a site owner keeps the materials online after being told to remove it, that's when they can get in trouble.
Remove the post, and possibly ban the user, as soon as it comes to their attention. Within practical limits, a mod can't be on 24/7
I haven’t actually read this yet, but I bookmarked it in case I want to open my instance up to others down the road.
That’s ultimately going to depend on both the laws where the crime happens and the laws where the server is located. In general, they’re usually safe if they remove the offending material as soon as they’re aware and cooperate with authorities.
For example, if an instance breaks a law in Europe but happens to be hosted in a country in Asia that hates Europe and refuses to cooperate with any European authorities, they’re probably fine as long as they don’t piss off their own government.