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

In Pennsylvania, Internet service providers (ISPs) are not typically held liable for defamatory content published on their networks. Under Pennsylvania law, ISPs are considered a form of “intermediate” or “secondary” publishers in defamation cases. This means that ISPs cannot be held liable unless they actually knew the content was false and acted with intent to defame. ISPs are considered to have less control over content published on their networks than the “original” or “primary” publisher, who is the one who originally created and published the content. The primary publisher is typically held liable for any resulting defamation. In some cases, if an ISP becomes aware of defamatory content being published on their network and fails to act to remove it, they may be considered an active, primary publisher of the content. This means that they could be held liable for any resulting damages. Additionally, ISPs are generally not liable for defamation if they are merely hosting content without any involvement in its creation or control. This is because ISPs generally do not have the same responsibilities as an editor or publisher. In summary, ISPs are generally not held liable for defamatory content published on their networks in the state of Pennsylvania. Liability typically rests with the primary publisher. However, ISPs can become liable if they fail to act when they become aware of defamatory content and allowed it to remain on their networks.

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

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