Little Fish is an Internet Services Provider (ISP).Fran has created a website on Little Fish which offers a very popular chat room on stocks and shares.A regular visitor to her chat room posted a very defamatory message about the director of a new company that has just issued a prospectus.Fran saw the message but left it on because she believes in free speech.The ISP negotiated for three weeks with Fran before she removed the message.The director wants to sue both Fran and Little Fish for defamation.Which of the following statement best sums up their legal position?

Question

Quizplus · Accepted Answer

Both Fran and Little Fish could be sued for defamation as the defamatory message was posted on their website and Fran knowingly left it up for three weeks despite being aware of its content. Little Fish could be held liable for not taking prompt action to remove the message once it was brought to their attention. The person who posted the message can also be sued for defamation. Constitutional rights to free speech do not protect individuals or companies from being held accountable for defamatory statements.

Little Fish Is an Internet Services Provider (ISP)