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

In Minnesota, Internet service providers (ISPs) are generally not held liable for defamatory content published on their networks. This is due to the federal Communications Decency Act of 1996 (CDA), which states that ISPs are not responsible for content that is posted by third-party users. As long as the ISP is not actively participating in creating or editing the published content, they are not held liable. However, if the ISP is found to be in violation of state or federal laws, or the terms of service, they can be held responsible. For example, if a court finds that the ISP was aware of the defamatory content and nonetheless approved of it, they may be held liable. Additionally, ISPs may be held liable if they fail to take reasonable steps to remove or disable access to defamatory content after they have been notified about it. Therefore, while ISPs generally cannot be held liable for third-party content, they are still expected to abide by the terms of service and take reasonable steps to remove defamatory content if they become aware of it.

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