In a case involving allegedly defamatory e-mail messages and chatroom messages, the New York Court of Appeals has held that an Internet Service Provider (ISP) could not be liable for both:
The court based its ruling on the fact that the ISP was essentially passive in respect of the posting of the chatroom message. It found that the ISP was not the publisher of the message. The court explicitly declined to discuss whether there may be another set of facts under which an ISP would qualify as a publisher.
Source: Lunney v Prodigy Servs. Co., Case no. 164, 1999 N.Y. LEXIS 3746 (2nd December, 1999) (available at <www.law.cornell.edu/ ny/ctap/sept.1999.html>).