§ 8.01-49.1.Liability for defamatory material on the Internet.
Chapter 3. Actions · Article 4. Defamation · Last amended 2024 · Last verified July 16, 2026
Full Text of § 8.01-49.1
Plain-English Summary
Subsection A states the core rule: no provider or user of an interactive computer service on the Internet is to be treated as the publisher or speaker of information provided by another information content provider. It then protects two categories of conduct from liability — action voluntarily taken in good faith to restrict access to, or the availability of, material the provider or user considers obscene, lewd, lascivious, excessively violent, harassing, or intended to incite hatred based on race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, whether or not that material is constitutionally protected, and action taken to enable or make available to others the technical means to restrict access to material provided by another information content provider.
Subsection B defines the key terms. “Disability” means a physical or mental impairment that substantially limits one or more major life activities. “Information content provider” means a person or entity responsible, in whole or in part, for creating or developing information provided through the Internet or another interactive computer service. “Interactive computer service” means any information service, system, or access software provider enabling computer access by multiple users to a computer server, including services or systems operated by libraries or educational institutions. “Internet” means the international computer network of interoperable packet-switched data networks.
Frequently Asked Questions
Can a website be sued as the “publisher” of something a user posted?
No. Subsection A states that no provider or user of an interactive computer service is to be treated as the publisher or speaker of information provided by another information content provider.
Does this section protect a platform that removes offensive content?
Yes. It protects action voluntarily taken in good faith to restrict access to material the provider or user considers obscene, lewd, lascivious, excessively violent, harassing, or hate-motivated, as well as action to make available the technical means for others to do the same.
Does the protected content-moderation category require the material to be illegal or unprotected speech?
No. The section protects good-faith restriction of the listed categories of material whether or not that material is constitutionally protected.
Who counts as an “information content provider” under this section?
A person or entity responsible, in whole or in part, for the creation or development of information provided through the Internet or another interactive computer service.
Does “interactive computer service” cover more than commercial websites?
Yes. It is defined broadly as any information service, system, or access software provider enabling computer access by multiple users to a computer server, and it specifically includes systems operated or services offered by libraries or educational institutions.
Amendment History
2000, c. 930; 2020, cc. 746, 1171; 2024, cc. 266, 334.