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

In South Dakota, an Internet service provider (ISP) might be held liable for defamatory content that is published on its network. Defamation is a civil wrong in which a false statement is made which then harms the reputation of another person or business. South Dakota recognizes libel and slander as forms of defamation and an ISP must take steps to protect the users of the network from illegally published material. Under South Dakota law, an ISP may be held liable in some cases if it fails to act on a complaint of defamatory content. The South Dakota Supreme Court has stated that ISPs may be held liable when they have knowledge of the wrongful material and fail to take action to remove it or otherwise prevent further damages from occurring. In addition, ISPs may be held accountable if they use or create a defamatory statement. For example, if an ISP purposefully creates a defamatory statement and distributes it through its network, or if an ISP fails to remove a defamatory statement after receiving notice of its existence, the ISP may bear legal responsibility for the libel or slander. Overall, it is important for ISPs in South Dakota to understand their potential legal liability when it comes to defamatory content. ISPs should have clear policies in place to deal with any complaints of defamation, as well as act quickly and appropriately to remove or otherwise prevent the further distribution of any published material that is found to be defamatory.

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

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