Is an Internet service provider held liable for defamatory content published on its network?
In Minnesota, an internet service provider (ISP) generally is not liable for content posted on its network that is subject to defamation laws. ISPs are generally not held liable for defamation as they act as a “common carrier”, meaning they merely transmit content without any knowledge of what is posted. This helps to protect ISPs from being held liable for the content of the messages that pass through their networks. However, there are some circumstances when an ISP may be held liable for defamatory content. For example, if the ISP was aware that the content was defamatory and continued to make it available, the ISP may be held liable for the defamatory content. Additionally, if the ISP was involved in creating the content or was complicit in making it available, it may be held liable. Furthermore, if an ISP had the ability to block or remove the content but failed to do so, they may be held liable for the damage caused by the defamatory content. Overall, an ISP in Minnesota is generally not held liable for defamatory content published on its network due to their status as a “common carrier”. In some cases however, if the ISP was complicit in the distribution of the content or was aware of the defamatory content and failed to prevent it from being posted, they may be held liable for any damages as a result of that content.
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