Are Internet service providers held liable for defamatory content published on their networks?

In Florida, the law on Internet service providers (ISPs) and liability for defamatory content depends on the activities of the ISP. If an ISP is only providing a platform for a third-party user to post content, the ISP is generally immune from liability for defamation – as long as they are not affirmatively participating in the publication of defamatory content. On the other hand, if the ISP takes an active role in creating, editing, or developing content, or is providing a forum where defamatory content is published, then the ISP may be held liable for defamation. For example, if an ISP takes a content submission from a third-party user, edits it, and then publishes the edited content on its website, then the ISP may be liable for defamation. Furthermore, if the ISP knows about the defamatory content and does nothing to remove or prevent it from being published, then the ISP may be held liable for negligent publication. Additionally, ISPs may be held liable for defamation if they fail to comply with their terms of service and allow defamatory content to be published on their networks. In summary, liability for ISPs for defamatory content in Florida depends on the extent of their involvement in the publication of the content. In general, if the ISP only provides a platform but doesn’t actively participate in creating, editing, or developing content, then they are likely to be immune from liability for defamation.

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