The rules that govern the internet may no longer be the same, and the world of social media may change radically. The US Supreme Court will shortly review a law that has protected tech companies for more than a quarter century from lawsuits over content posted by their users. This is “Section 230”. It was part of the Communication Decency Act, an anti-pornography law signed in 1996. It stipulates that technology companies cannot be considered “publishers” and enjoy legal immunity for content posted on their platforms. It is seen as a pillar of Internet development, and considered by its defenders to be inviolable.
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The idea was to protect the then fledgling Internet sector from cascading lawsuits and allow it to flourish, while encouraging tech companies to moderate their content. Within the law, Section 230 provides that “no provider or user of an interactive computer service shall be regarded as a publisher” or responsible for content from third parties. This immunity is seen largely as the regulatory change that would clear the way for Google search and sow the seeds for the social media revolution. Under the protection of Section 230, Facebook, Instagram, Twitter or YouTube became channels for a worldwide conversation without ever risking being sued by anyone who took offense to a controversial tweet or video. The law also protects Wikipedia or classifieds sites like Craigslist, whose success would have disrupted traditional media. But opponents of the law would like the platforms to be sued for drug dealing, cyber stalking and violent threats that occur on their sites.
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