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The issue is that all it takes is a pile on (that some members enjoy) to get a legal recourse that doesn't affect those that made the comments but the website owner.
I would ban the victim.
To be very clear the risk of a closed community is a snitch, and the victim is most likely to snitch... So they would be the first to be banned.
A closed community is a different culture, not better, not worse, but different.
Velocio
It is some magical place that lives in the minds of certain members who believe their mysogny/racism/classified abuse of people is acceptable.
The issue is that all it takes is a pile on (that some members enjoy) to get a legal recourse that doesn't affect those that made the comments but the website owner.