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

In South Dakota, internet service providers (ISPs) are not held liable for defamatory content published on their networks. Instead, the parties responsible for publishing the content are held responsible for any defamatory speech. This is known as the “intermediary rule.” The reasoning behind this is that ISPs are just conduits for speech, not publishers, and so they should not be held liable for the content of the speech that passes through. That being said, there are some situations in which ISPs can be held liable for defamatory content published on their networks. This can include cases in which ISPs are found to have substantially participated in the creation of the content or instances in which they were aware of the defamatory content but failed to take action. However, this is rare and is determined on a case-by-case basis. Overall, South Dakota’s defamation law does not hold ISPs liable for defamatory content published on their networks. Instead, the persons responsible for publishing the content are held accountable. While ISPs can sometimes be held liable, this is rare and only occurs in specific cases.

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

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