Does a website have an obligation to remove defamatory content?

In Idaho, a website is not automatically obligated to remove defamatory content. However, a website can be held liable for publishing or hosting content that defames another person. In order to establish a claim for defamation, the person must prove that the website made a false and damaging statement about them that was seen by third-party viewers. The website will likely not be held liable if it can prove that it was not responsible for or aware of the content in question. If the website became aware of the content and failed to take action to remove it, it could be held liable. If the website had taken proactive steps to have a procedure in place to monitor and remove defamatory content, it may be able to defend itself in court. Even if a website is not liable, it is wise to consider the implications of leaving defamatory content published on the website. Not only could this open up the website to potential legal action, but it could also damage the website’s public image. On the other hand, if the website removes the content expeditiously, it could save itself from legal and public relations issues.

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Does a website have an obligation to remove defamatory content?

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