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to the basics, [The Daily Mail] is in essence asking the 9th Circuit to rule that the ‘reckless disregard’ standard is no longer applicable in actions by public figures against media defendants and that a public figure plaintiff must prove knowing and actual intent to report falsely at the outset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

'PSMTickling' Launches Through Paysite.com

PSMTickling.com has officially launched through Paysite.com.

JuicyAds Marks 20-Year Anniversary

JuicyAds is celebrating its 20th anniversary.

AEBN Publishes Popular Searches for January, February

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

2026 TEAs Shine Bright in Celebration and Solidarity

The industry’s trans adult performers, creators and creatives came together Sunday night at the historic Avalon nightclub in Hollywood for an evening of well-deserved celebration: the 2026 Trans Erotica Awards.

Kansas Plaintiff Drops Chaturbate AV Suit, Revamps SuperPorn Complaint

The plaintiff in a lawsuit alleging that cam platform Chaturbate violated Kansas’ age verification law has voluntarily dismissed that action, while retooling a similar complaint against adult site SuperPorn.

New Creator Networking Platform 'CollabGPS' Launches

CollabGPS, a new creator networking platform designed to facilitate safe collaboration, has officially launched.

Chaturbate Launches Yearlong 15th Anniversary Campaign

Chaturbate has launched a yearlong campaign to celebrate its 15th anniversary, titled “CB15.”

AV Bulletin: Loopholes and Lawsuits

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Utah 'Porn Tax' Bill Will Head to Governor's Desk

A bill that would tax adult websites and make them liable if minors circumvent geolocation has passed the Utah state legislature and will soon head to the office of Gov. Spencer Cox for signature or veto.

Flirt4Free Co-Founder Gregory Clayman Passes Away

Gregory Clayman, a pioneering figure in the live cam sector and cofounder of the long-running webcam platform Flirt4Free, has passed away.

Show More