Can an ISP or the host of the message board or chat room be held liable for defamatory of libelous statements made by others on the message board?
Not in the United States. Under 47 U.S.C. sec. 230(c)(1) (CDA Sec. 230): “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” This provision has been uniformly interpreted by the Courts to provide complete protection against defamation or libel claims made against an ISP, message board or chat room where the statements are made by third parties. Note that this immunity does not extend to claims made under intellectual property laws.
Related Questions
- Must an ISP or message board host delete postings that someone tells him/her are defamatory? Can the ISP or message board delete postings in response to a request from a third party?
- Can my ISP or the host of a message board be held liable for defamatory statements I make on the grounds that they are a "publisher" or "republisher" of the information?
- Can an ISP or the host of the message board or chat room be held liable for defamatory of libelous statements made by others on the message board?