Section 230 was passed into law in 1996 as part of the Communications Decency Act. The law says that an interactive computer service (e.g. publications with comment sections, social media platforms, etc.) wouldn’t be held responsible for what users posted to their site. At the time, online discussion forums were becoming popular and this protected the platforms hosting the forums from being sued. The few exceptions to the law include copyright infringement, federal law violations, and, starting in 2018, violations of sex trafficking laws.
Why is everyone talking about it now?
Section 230 has become an increasingly hot topic as politicians and citizens alike begin to question whether or not online platforms, namely social media companies, should have such unregulated decision making about their policies.
The problem for Democrats
On the political left there’s concern over hate speech, hate groups and misinformation being able to spread almost unconstrained on social media, and want accountability of Big Tech companies for real world harm that originates on their platforms.
The problem for Republicans
On the political right there’s concern over Big Tech executives’ unchecked ability to censor whomever they choose, and want accountability for any censorship that appears to be biased or discriminatory.
The Problem for Interactive Computer Services
Internet companies such as social media platforms argue that if they are to be held liable for the content posted on their sites by third parties, free speech on the internet will cease to exist. The argument is also made that that level of moderation and censorship would be impossible to carry out, given the amount of content now posted daily online.
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