Is an Internet service provider held liable for defamatory content published on its network?

In California, the answer to the question of whether an Internet service provider (ISP) can be held liable for defamatory content published on its network is mostly likely no. Many ISPs are protected under the Communications Decency Act (CDA). This federal legislation was enacted to protect ISPs from liability for content created by third parties. Under this law, ISPs are classified as “intermediaries” and therefore are not responsible for content created by third parties that is hosted on their network. This means that the ISP is not liable for content posted to its network, even if it is illegal, libelous, or defamatory. However, that does not mean that ISPs are entirely off the hook for content. If an ISP actually creates or develops the content, or if it modifies, edits, or amplifies the content, then it can be held liable for defamation. Additionally, if an ISP is aware of defamatory content on its network, and it knowingly fails to remove the content, then it could be held liable as well. In this case, the ISP is aware of the defamatory information and has the ability to remove it, but fails to do so. In California, whether an ISP is held liable for defamatory content hosted on its network depends on the specific facts and circumstances of the case. Generally, however, ISPs are not held liable for content created by third parties, but they can be held liable for content they create or modify themselves. If an ISP is aware of defamatory content and fails to remove it, then it could also be liable for defamation.

Is an Internet service provider held liable for defamatory content published on its network?

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