I’m sure you’ve all seen the removal of COVID misinformation videos and subsequent suspension of certain figures by Twitter and rants about TWITTER IS ACTING AS A PUBLISHER AND NO LONGER HAS PROTECTION UNDER SECTION 230 tweets. So here’s what you need to know! ⤵️
230 says "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”. Sites that host/republish speech are protected from being responsible for what others say and do.
Most basic understanding of Section 230: it is about placing liability for content online on the creators of content, and not on the host site. But websites have to choose between being a publisher or platform and moderation makes you a publisher, right? No.
There’s no distinction between “platform” or “publisher” in the law, ALL sites and users are protected when there is content posted on the site by someone else. You can’t lose 230 protections, ESPECIALLY over moderation choices of content produced by someone else.
Section 230 actually eliminates liability for moderation choices. Additionally - there’s no political neutrality (or other bias free moderation) requirement. Sites can moderate how they want and face no liability.
So tech is just off the hook?? No, sites ARE still responsible for their own content - ie Roommates . com was sued for violating the Fair Housing Act because in their site menus you could designate racial preference.
You can follow @EmilyKager.
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