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to the basics, [The Daily Mail] is in essence asking the 9th Circuit to rule that the ‘reckless disregard’ standard is no longer applicable in actions by public figures against media defendants and that a public figure plaintiff must prove knowing and actual intent to report falsely at the outset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

X3 Expo Unveils Euro All-Stars for Inaugural Amsterdam Edition

X3 Expo, Hollywood's premier adult entertainment expo, makes its European debut at Passenger Terminal Amsterdam this September 11-12, bringing together fans, creators, and industry insiders for the Continent’s largest assembly of adult entertainment stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

2026 Pornhub Awards Nominees Announced

The list of nominees has been revealed for the eighth annual Pornhub Awards, which will be held May 27 in Los Angeles.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the list of popular searches from its straight and gay theaters, by country, for February and March.

BranditScan Rolls Out 'UrLinks' Platform Feature

BranditScan has introduced its new UrLinks homepage feature for creators.

UK Outlaws Content Featuring Choking, Adults Portraying Underage Characters

The U.K.’s Crime and Policing Bill received final passage in Parliament on Monday, including provisions criminalizing depictions of “non-fatal strangulation” as well as sexual content in which adults portray underage characters.

Grooby Launches 30th Anniversary Campaign

Grooby is celebrating its 30th anniversary with a showcase campaign featuring 30 of the studio's newest models.

Island Conference Joins ASACP as Media Sponsor

Island Conference has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Elly Clutch, Girthmasterr to Host 2026 XMA Creator Awards

XBIZ is pleased to announce Elly Clutch and Girthmasterr as co-hosts of the 2026 XMA Creator Awards, presented by premium creator platform Fansly.

FSC: TAKE IT DOWN Act Provisions Take Effect May 19

The Free Speech Coalition has issued a reminder notice that the notice-and-removal requirements of the federal TAKE IT DOWN Act will go into effect on May 19.

Show More