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

In North Carolina, an Internet Service Provider (ISP) is not liable for defamatory content published by another user on its network. In the case of Defamation Law in North Carolina, Section 230 of the Communications Decency Act (CDA) protects ISPs from being held responsible for content published by their users. Additionally, ISPs are not deemed to be the “publishers” or “speakers” of information by virtue of its services, as it does not exercise any editorial control nor does it have any meaningful awareness for the content that is published. Although ISP’s are not liable, they may, however, be required to remove or disable access to defamatory content. In cases where a court order is issued, the ISP must comply and take down the defamatory content. However, ISPs are not obligated to monitor the content posted on its network nor take action to address complaints of defamatory material. It is the responsibility of the publisher or poster, or the person claiming to be defamed, to take legal action. In summary, an ISP is not liable for defamatory content published on its network in North Carolina. It is ultimately up to the publisher to take action against the defamation, or for the person claiming to be defamed to take legal action. However, ISPs may be required to remove or disable content in some cases, such as where a court order is issued.

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

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