Section 230
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
Common myths
When a company starts moderating content, it's a platform, not a publisher
- While the section does distinguish between "interactive computer services" and "information content providers", there's nothing a website needs to do to be classified as a service (no certifications or similar), meaning that all it applies to all websites that allow user-generated content.
- At no point has any court made the distinction between a "platform" and a "publisher". The only thing that matters is content in question. If the content was created by someone else, the website hosting it cannot be sued over it.
Websites have no incentive to moderate
- There are many incentives to moderate content for other reasons (span, abuse, harassment, copyright infringement).
- Section (c)(1) immunises moderation choices, and section (c)(2) explicitly says that sites are not liable for their moderation choices.
Section 230 is a gift to big tech
- There's nothing in there that specifically protects big tech not smaller websites.
- On the contrary, if protections were stricter, big tech would have enough money to comply, leaving the rest in dust.
A site that has political bias is not neutral and therefore loses 230 protections
- There's no "neutrality" requirement in the Section 230.
- You can't lose the protections.
- Websites have specific protection over their moderation choices.
Other
- Something about hate speech
- Hate speech is protected by the 1st Amendment, it has nothing to do with Section 230.
- Websites can't be sued for their moderation choices.
- No company can be sued thanks to Section 230
- It only protects the company in two cases. The company can still be sued for myriads of other reasons:
- Content posted by someone else on their platform.
- Moderation choices made by the platform.
- It only protects the company in two cases. The company can still be sued for myriads of other reasons:
- Get out of jail free card
- "Nothing in this section shall be construed to impair the enforcement of... any other Federal criminal statute"
- Why there's piracy
- "Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property."
References
- Full text: https://www.law.cornell.edu/uscode/text/47/230
- TechDirt's article: Hello! You've Been Referred Here Because You're Wrong About Section 230 Of The Communications Decency Act
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