Post by Deleted on Jul 20, 2021 12:41:01 GMT -5
Going off the conversation in this thread,here are some myths about Section 230 of the Communications Decency Act...
Myths About Section 230
While many seem to think that Section 230 makes a distinction between ideological publishers and neutral platforms, and that companies who act as publishers do not enjoy its protections, this isn’t true. Section 230 applies to all internet companies and makes no such distinction between publishers and platforms.
Section (c.) of Section 230 specifically addresses this point and speaks to the protection of companies who block and screen offensive material. It immediately states that “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. It goes on to say that when it comes to matters of civil liability,“no provider or user of an interactive computer service shall be held liable on account of any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lews, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.”
Publishers can be sued for defamatory language online, just as they can be sued for it in print. So can Twitter or Facebook, if they issue a statement or a post. But that isn’t a relevant scenario to Section 230, which again, merely maintains websites are not liable for content you may choose to write on their pages.
Removing content they find offensive is well within their First Amendment rights, and within their Section 230 rights. It doesn’t change their status as a company or their protections under the law.
Many advocates for repealing Section 230 have hung their cases on the “publisher vs. platform” argument in an attempt to mislead their followers. But the good news is, Section 230 is relatively short. You can literally read it in less than five minutes for yourself and see that the publisher vs. platform discussion is a non-issue.
There are also those who claim that Section 230 is a special protection or an exemption for social media companies. This argument also fails to hold water.
One of the few, legitimate functions of government is to uphold the rights of individuals; when that is done businesses have a secure and just climate to operate within. That is exactly what Section 230 did. When the internet came about, it opened up an entirely new marketplace and one that needed such rights affirmed in order for people to invest in it.
Section 230 merely applied the same types of laws we see in the tangible world to the online marketplace. Would Burger King be liable if you came in and shouted obscenities at their customers? Should they be forced to host you on their premises and allow your attack on their clients to continue? Of course not. The same rules should apply to an internet company, and thanks to Section 230 they do.
Furthermore, without this provision to protect an online free market, the courts would likely be bogged down with frivolous lawsuits, which would cost taxpayers dearly. Even sorting through and throwing out such suits is an expensive and time-consuming process.
While many seem to think that Section 230 makes a distinction between ideological publishers and neutral platforms, and that companies who act as publishers do not enjoy its protections, this isn’t true. Section 230 applies to all internet companies and makes no such distinction between publishers and platforms.
Section (c.) of Section 230 specifically addresses this point and speaks to the protection of companies who block and screen offensive material. It immediately states that “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. It goes on to say that when it comes to matters of civil liability,“no provider or user of an interactive computer service shall be held liable on account of any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lews, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.”
Publishers can be sued for defamatory language online, just as they can be sued for it in print. So can Twitter or Facebook, if they issue a statement or a post. But that isn’t a relevant scenario to Section 230, which again, merely maintains websites are not liable for content you may choose to write on their pages.
Removing content they find offensive is well within their First Amendment rights, and within their Section 230 rights. It doesn’t change their status as a company or their protections under the law.
Many advocates for repealing Section 230 have hung their cases on the “publisher vs. platform” argument in an attempt to mislead their followers. But the good news is, Section 230 is relatively short. You can literally read it in less than five minutes for yourself and see that the publisher vs. platform discussion is a non-issue.
There are also those who claim that Section 230 is a special protection or an exemption for social media companies. This argument also fails to hold water.
One of the few, legitimate functions of government is to uphold the rights of individuals; when that is done businesses have a secure and just climate to operate within. That is exactly what Section 230 did. When the internet came about, it opened up an entirely new marketplace and one that needed such rights affirmed in order for people to invest in it.
Section 230 merely applied the same types of laws we see in the tangible world to the online marketplace. Would Burger King be liable if you came in and shouted obscenities at their customers? Should they be forced to host you on their premises and allow your attack on their clients to continue? Of course not. The same rules should apply to an internet company, and thanks to Section 230 they do.
Furthermore, without this provision to protect an online free market, the courts would likely be bogged down with frivolous lawsuits, which would cost taxpayers dearly. Even sorting through and throwing out such suits is an expensive and time-consuming process.