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

Generally, Internet service providers (ISPs) are not held liable for content published on their networks. This is because ISPs are usually considered “interactive computer service providers”, which means they are protected by the Communications Decency Act of 1996. This Act states that ISPs are not liable for the content posted by their users; rather, the responsibility lies with the person who posted the content. However, there are some exceptions. In Virginia, ISPs are required to remove defamatory content if they receive a “good faith” notice that the content is false and slanderous. This requirement is outlined in Virginia’s Online Defamation Removal Law. Additionally, ISPs may be held liable for defamatory content if they encouraged or aided in the publication of the content. If the ISP had knowledge of the content’s defamatory nature and continued to allow the content to appear on their network, they could be held liable. In conclusion, ISPs in Virginia are generally not liable for content published on their networks. However, ISPs can be held liable if they encouraged or aided in the publication of the content, or if they fail to remove defamatory content after they receive a “good faith” notice.

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

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