Moderated vs. Unmoderated Forums

[Captain Blood]

Are there any legal issues to consider having a forum? It is my contention based on common sense that a forum is the same as having a meeting place such as a public park, and that any discussion that goes on my 'park' are between the parties involved and I should not be held liable for these discussions.

I know we live in a very complex world and you cannot assume common sense will prevail. In some countries you can actually be jailed for saying something derogatory about a political leader. In most countries, based on English Law, the right for people to assemble and discuss issues is protected as free speech.

Does a forum really need moderators? Are these moderators in place to protect the forum from being overrun by idiots, or are they in place for legal issues? Can the legal owner of a website be held responsible for the posts of people that he may not be aware of because the forum is unmoderated?

Any advice would be appreciated. I know that some forums I used to contribute to have become almost impossible to post your thoughts on because they will ban or lock your post if it gets just the least bit controversial. In essence the moderation has killed the forum and participation in those forums has dwindled away to almost nothing. The posts might as well just be a collection of endless drivel without any real interesting content.