Libel (a form of defamation) is written communication that includes false claims that may harm an individual, company, group or entity.
Note that as an online service provider, DreamHost is not in a position to judge the merits of what its customers state on their own web sites. As such, we do not censor or otherwise assert editorial control over the content on their sites. We do indeed host sites that some (including ourselves!) may find offensive, but we want to make it very clear that just because we host a site does not mean that we condone its content or had anything to do with the production of that content.
Common questions & misunderstandings
There are a number of common questions and misunderstandings that people have about libel/defamation. We hope to clear some of them up
below.
"How can I make sure I am not violating the law?"
The first thing to remember is that anybody can sue anyone else for any reason. Whether or not they are in the right or will ultimately
win may not matter if they bankrupt you in the process. So, if there is even a chance that you will incur the wrath of someone
you are writing about you should keep this in mind.When it comes to libel/defamation, though, the best defense is the truth. Make sure that opinions are clearly labeled as such, that you are not spreading false information, and that you can demonstrate the truth of whatever you say. If you have any question as to whether your words would be considered libelous and result in liability for you, we recommend that you consult with a qualified attorney.
"Someone is slandering me!"
In the context of a web site, it's pretty unlikely that someone is actually slandering you. Slander is different than libel in that it
involves untrue statements made vocally, not in written form. The only way someone could slander you via their web site would be if they
recorded themselves doing so and posted the recording on their site.
"I don't like what your customer is writing - I'm going to sue you!"
As the host of tens of thousands of web sites and as a company residing in a rather litigious country, we receive this threat pretty
often (so often that it has long since stopped being "scary"). Why? A cursory glance at the law will show that online service providers
such as DreamHost are not liable for the speech of their customers' web sites.This is for good reason - web hosts are unable to judge the veracity of their customers' speech, nor are they the ones actually engaging in that speech. Were the law structured differently, web hosts may very well shy away from hosting important (but controversial and disliked by somebody!) sites - even those who are ethically in the right.
The legal reasoning for this is as follows: The Communications Decency Act enacted by Congress in 1996 specifically grants legal immunity to online service providers for the content of their customers' web sites ("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 law has since been upheld in a number of federal and state cases, including Blumenthal v. Drudge, Zeran v. America Online, Inc., Scheider v. Amazon.com, Inc, Jane Doe v. America Online, Inc. and Barrett v. Fonorow.
For this reason, we ask that you address your concerns directly with the creator of the content you are concerned about.