ISP Liable if user content is Libel..?

[StephanMCook]

Hello Folks,
I work for a small ISP that has received emails from a person who claims that one of our users is publishing libelous material about him. This person has 'asked' us to remove the allegedly defamitory material from our web server. He has further remarked that we may be named a co-defendent in his suit if we do not remove this material.

I'm unsure as to our culpability in this issue. I do not feel we should be called to decide whether the material is defamitory or not. Our user has not violated our acceptable use policy, as far as I can tell. It is my oppinion that these two parties have differing oppinions and are very caustic in expressing them.

My question is, are we (the ISP) exposing ourselves to liability by continuing to provide service to the alleged perpatrator of the alleged libel? Thank you for your time.

 

[HomeGuru]

Your ISP firm may be liable and the company would be wise to obtain an opinion from legal counsel.

 

[StephanMCook]

Spoken like a true lawyer...

Of course we may be liable but what are the chances we are? Are we talking about a 1% chance, a 50% chance or a 95% chance. Can I get a little more verbose comentary?

BTW, We are in Illinois...

 

[HomeGuru]

Here is my commentary.
There is no way a percentage of liability can be estimated until legal counsel determines exactly the content in the various email messages.
If the statements are true or false, you may not have any idea.
What if the statements are false and your ISP firm did nothing to stop it. You could be liable for being put on notice yet refusing to take action to mitigate damages. Also, there is a question as to what form the material is in. Is in on a website that is hosted by your company or email that is on the server.
If the writing are in the form of email, the least your company can do is to put the user on notice to cease actions if in fact true, or be subject to suspension or termination.

 

[LegalBeagle]

With the information given, the chances of you being found liable are close to zero. You did not write or publish the material. Of course you should get an opinion from an attorney in your state.