The United States Position:
Currently libelous messages placed on the Internet are treated the same as libelous messages published in any other medium. However, because the author can easily keep his or her identity a secret, there is frequently a problem in finding a responsible party. Recent cases indicate that owners and operators of on-line service providers may be liable for what is placed on their servers. We examine important cases of cyberlibel in our Precedent section.
Whether or not the Internet service provider is responsible depends on whether the courts consider the Internet service provider to be a publisher or a distributor. Distributors and publishers are treated differently under traditional libel law.
- Distributors such as newsstands, bookstores and libraries are usually not liable for anything that they sell.
- Publishers, such as newspapers and publishing houses are held responsible for materials that they print.
On the Internet, if the service provider is found to be a distributor, the Internet service provider will not be considered liable for materials that appear on its servers. If, however, the Internet service provider is considered to be a publisher, then it will be held responsible for everything that appears on its servers.