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

In North Carolina, Internet service providers (ISPs) are generally not held liable for defamatory content published on their networks. Instead, the individual--or entity--that made the defamatory statement is generally considered to be the one that is legally responsible. This is because ISPs are considered to be intermediaries, or “neutral facilitators” that do not control the content that is posted to their network. However, there are some exceptions to this rule. In certain cases, an ISP can be found liable for failing to respond or take appropriate action when it becomes aware of potentially defamatory content on its network. For example, if an ISP receives a court order demanding that a certain post be removed from its network, the ISP could be held liable if it fails to take action. Additionally, in some cases, an ISP may be held liable for damages stemming from defamatory content on its network if it actively participates in the defamation. This could include situations where the ISP host an article or blog post containing the defamatory content, or where it hosts a website that allows people to defame other persons. In North Carolina, ISPs generally have broad immunity from any liability related to content hosted on their network. However, ISPs do not have absolute immunity, and in certain cases can be held liable for damages resulting from defamatory content. Therefore, it is important for ISPs to take appropriate action when they become aware of potential defamation on their network.

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