Are Internet service providers held liable for defamatory content published on their networks?
In Washington State, Internet Service Providers (ISPs) are typically not held liable for defamatory content published on their networks. The Communications Decency Act of 1996 is a federal law which states that ISPs are not responsible or liable for any defamatory content published on their networks. The Act additionally immunizes ISPs from liability for civil damages or penalties from the law. This means that an ISP cannot be sued for libel or slander if someone publishes defamatory content on their network, even if the ISP was aware of the content. Additionally, ISPs can also be immune from liability if they are able to prove that they were unaware of the defamatory content and that removing the content would be overly burdensome for them. The Communications Decency Act also states that ISPs should not be held liable for any content of third parties, and ISPs do not need to investigate the nature of each message, post, or other content that is published on their networks. It is important to note, however, that ISPs may still be held liable for copyright infringement or trademark violations. Additionally, ISPs may still be obligated to comply with state or federal subpoenas, court orders, or warrants if requested. In short, while ISPs are typically immune from liability when it comes to defamatory content, they still have a legal obligation to comply with subpoenas or warrants if requested.
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