Danni Ashe's Libel Suit Goes to 9th Circuit Next Month

Danni Ashe's Libel Suit Goes to 9th Circuit Next Month

LOS ANGELES — The long-running legal battle pitting former online adult sensation Danni Ashe against The Daily Mail of London has a court date at the 9th U.S Circuit Court of Appeals next month.

Ashe’s $3 million defamation suit against the Daily Mail was put on hold last year after the publishing company appealed a federal court’s decision denying its anti-SLAPP, or anti-strategic lawsuit against public participation, motion.

The 9th Circuit, which will hear oral arguments in the case on Feb. 12 at its Pasadena courthouse, will decide whether the lower court ruled correctly that Ashe demonstrated “a probability” of actual malice, rather than negligence, in her libel case.

Ashe’s civil case against the publisher stemmed from an online article that surfaced in 2013 informing readers that a performer tested positive for HIV at the height of an STI crisis in Porn Valley.

The Daily Mail article in question disclosed that XBIZ reported that a performer — later identified as Cameron Bay — had testified HIV positive.

Within the Daily Mail post, a stock image of Ashe is depicted of her posing on a bed in lingerie in a provocative manner, accompanied with the caption, "Moratorium: The porn industry in California was shocked on Wednesday by the announcement that a performer had tested HIV positive."

Ashe in her suit claimed that the Daily Mail never sought permission to use her image and didn't include any disclaimer that she was not the HIV-positive performer in question.

The Daily Mail later removed Ashe' s picture but purportedly did not respond to demands to publish a retraction, later prompting the libel suit.

In its defense, the Daily Mail said that Ashe is so well known that she is an all-purpose public figure for the purposes of defamation and that neither an editor or production staff member who pulled the pic from a database knew who Ashe was and thus could not have intended to convey that she was HIV positive.

Ashe’s attorney, Steven Weinberg of the Wein Law Group, told XBIZ that he’s cautiously optimistic the panel will affirm the district court's order denying the SLAPP motion and that the case will get back on track in 2016. 

“Boiled down to the basics, [The Daily Mail] is in essence asking the 9th Circuit to rule that the ‘reckless disregard’ standard is no longer applicable in actions by public figures against media defendants and that a public figure plaintiff must prove knowing and actual intent to report falsely at the outset of the case,” he said.

“While the 9th Circuit has shown that it can media friendly, I am confident the panel will not cross into this territory and will reign in any attempt to push boundaries in that direction.”

Ashe founded Danni' s Hard Drive in 1995 and later became known as the "most downloaded woman on the Internet." She appeared 30 movies, 23 TV appearances and made regular appearances on her website

Ashe's business made $6.5 million in profit in 2001 and maintained 50 full-time employees at the time.

Penthouse Media Group Inc. purchased her companies, Danni Ashe Inc. and Video Bliss Inc., for $3 million in 2006. The acquisition included Danni.com, DannisHotBox.com and DannisHardDrive.com — all known for busty models, live webcasts and girl-girl videos.

Pictured: Screen shot depicting Danni Ashe in The Daily Mail’s HIV story

Ashe's brief to the 9th Circuit

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

AEBN Publishes Popular Searches for March, April

AEBN has published the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Tubes Booster Debuts New 'One-Click Update' Web Hosting Solution

Content management platform Tubes Booster has launched its new One-Click Update web hosting solution.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

STD Hero Joins Pineapple Support as Sponsor

Better Life Science brand STD Hero has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

2026 XBIZ Miami Speaker, Open-Floor Conversation Guide Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 11-14 at the Goodtime Hotel in Miami Beach.

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

Show More