Regulating Social Media: The Fight Over Section 230 and Beyond

Report by Paul M. Barrett: “Recently, Section 230 of the Communications Decency Act of 1996 has come under sharp attack from members of both political parties, including presidential candidates Donald Trump and Joe Biden. The foundational law of the commercial internet, Section 230 does two things: It protects platforms and websites from most lawsuits related to content posted by third parties. And it guarantees this shield from liability even if the platforms and sites actively police the content they host. This protection has encouraged internet companies to innovate and grow, even as it has raised serious questions about whether social media platforms adequately self-regulate harmful content. In addition to the assaults by Trump and Biden, members of Congress have introduced a number of bills designed to limit the reach of Section 230. Some critics have asserted unrealistically that repealing or curbing Section 230 would solve a wide range of problems relating to internet governance. These critics also have played down the potentialy dire consequences that repeal would have for smaller internet companies. Academics, think tank researchers, and others outside of government have made a variety of more nuanced proposals for revising the law. We assess these ideas with an eye toward recommending and integrating the most promising ones. Our conclusion is that Section 230 ought to be preserved—but that it can be improved…(More)”