Quick Take: Section 230
It's time for a difficult, but necessary second look
Section 230 of the Communications Decency Act was passed in 1996, and it says that an “interactive computer service” can’t be treated as the publisher or speaker of third-party content. And that means that websites aren’t liable for what their users do or post on their platforms.
At the time, it seemed logical. Back then we had a naïve technological optimism and we were using primitive technological capabilities. Then, we were filled with hope about all the amazing ways digital tools would connect us.
Fast forward, and we do see that digital platforms have indeed brought these incredible hoped-for benefits for sure. But, they’ve also done significant societal harm too.
Though Section 230 was never intended to "create a lawless no-man’s-land on the Internet," it has in fact done that. Today, sites such as Facebook, Twitter and YouTube teem with falsehoods, harassment, hate speech, and illegal content. Yet, Section 230 gives these platforms an easy-out, enabling them to deflect ANY sense of responsibility (& negligently, recklessly, or even knowingly facilitate harm) and get off scot-free.
Ordinarily, businesses have a common law duty to take reasonable steps to not cause harm to their customers, as well as to take reasonable steps to prevent harm to their customers. The same should be true in the digital arena.
Will it be easy? No. The Verge said it well: “In the US, the First Amendment prohibits the government from restricting most forms of speech, which would include many proposals to force tech companies to moderate content…But, this issue is distinct from discussions over whether platforms should be liable for what their users post, though it often gets lumped in with the 230 discussion.”
Sometimes the things most worth doing are difficult. But that doesn’t mean they shouldn’t be done. It's well past time for a 2nd look at Section 230.
Hello Donna,
I hope this communique finds you in a moment of stillness.
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