Section 230 refers to a provision of the Communications Decency Act of 1996, a federal law in the U.S. that provides legal immunity to online platforms and service providers for content posted by third parties on their platforms. Section 230 consists of two main provisions …
Subsection (c)(1): This provision states that online platforms or interactive computer services cannot be treated as the publisher or speaker of content provided by others. In other words, platforms are not held legally responsible for the content posted by their users. This immunity from liability applies to various types of claims, including defamation, negligence, and invasion of privacy.
Subsection (c)(2): This provision states that online platforms have the right to moderate or remove content they consider objectionable, even if the content is constitutionally protected. Platforms are not liable for good-faith decisions to restrict or remove content that they consider offensive, obscene, or otherwise objectionable.
The purpose of Section 230 is to encourage the growth of online platforms and foster free expression on the internet. It shields platforms from the potential legal consequences of user-generated content, allowing them to facilitate online discussions, host user comments, and moderate content without the fear of being held liable for every piece of content posted on their platforms.
Section 230 has played a crucial role in the development of the modern internet ecosystem, allowing platforms to operate with a certain level of immunity, facilitating innovation, and fostering a wide range of online services. However, it has also been the subject of debate and criticism, particularly regarding issues, such as online harassment, hate speech and the spread of misinformation. Critics argue that Section 230 provides platforms with too much protection and can hinder accountability for harmful content. It is worth noting that Section 230 does not grant blanket immunity to platforms for all types of illegal activities or content. Platforms can still be held liable for their own content, intellectual property infringement, certain federal criminal violations, and certain violations of sex trafficking laws.