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Publishers can be as arbitrary as they want, but they are held liable for what they publish. Section 230 gives civil immunity to "information service providers"
by ggreer 6y ago
Publishers can be as arbitrary as they want, but they are held liable for what they publish. Section 230 gives civil immunity to "information service providers". If someone libels you on Twitter, you can't sue Twitter. But if Twitter starts making editorial decisions as to what is fit to publish and what isn't, then they could lose their section 230 protections and open themselves to tons of lawsuits.
- messick 6y agoThis will help you with future Sec 230 hot takes: https://www.techdirt.com/articles/20200531/23325444617/hello-youve-been-referred-here-because-youre-wrong-about-section-230-communications-decency-act.shtml https://www.techdirt.com/articles/20200531/23325444617/hello...
- mshumi 6y agoThat was a very good read. Thanks for linking that!
- ggreer 6y agoI've read that before and I've discussed it with a lawyer (among other related articles & topics). He rolled his eyes at much of it, but he also rolled his eyes at the "platform vs publisher" distinction that so many naive people make. Still, he agrees that social media companies are tickling the dragon's tail when it comes to Section 230 protection. Before you dismiss my anecdote as one mistaken lawyer, note that the chairman of the FCC (who is a lawyer) and Justice Clarence Thomas both think that Section 230 doesn't offer nearly as much protection as social media companies seem to think it does. In response to recent events, the FCC plans to issue statements clarifying the meaning of Section 230.[1] 1. https://twitter.com/AjitPaiFCC/status/1316808733805236226 https://twitter.com/AjitPaiFCC/status/1316808733805236226 "Social media companies have a First Amendment right to free speech. But they do not have a First Amendment right to a special immunity denied to other media outlets, such as newspapers and broadcasters."