You probably know that safe harbor provisions of the DCMA offer ISP’s a layer of protection from lawsuits resulting from their subscriber’s infringing conduct.
However, did you know that website operators have almost absolute immunity from defamation claims (arising from third-party posts), even if the operator knows the posted information is defamatory?
Section 230 of the Communciations Decency Act offers this protection. Dang! Not good for persons being defamed.
Here is a recent case applying this law. An application for appeal to the US Supreme Court is pending.