“I will not stand by and watch this travesty of a bill happen without reigning in Big Tech. End Section 230 now, before it is too late. So bad for our Country. Show courage, and do what’s right!!!”President Trump tweeted in the morning of Dec. 27
Section 230 of the 1996 Communications Decency Act protects internet companies from liability for the material users post on their networks.
“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,” the law states.
He said he will not stand by and “watch this travesty of a bill happen, without reigning in Big Tech.”
He added, “End section 230 now before it’s too late.” He went on to call it “so bad for our country,” while urging lawmakers to “show courage and do what’s right.”
President Trump tweeted Nov. 26th: “Twitter is sending out totally false “Trends” that have absolutely nothing to do with what is really trending in the world. They make it up, and only negative “stuff”. Same thing will happen to Twitter as is happening to @FoxNews daytime. Also, big Conservative discrimination!”
House members have also spoken out against Section 230.
“Section 230…it needs to be repealed,” House Minority Leader Kevin McCarthy (R-Calif.) stated. “These technology companies are not acting in the manner of why 230 was created, and we see on a daily basis, they don’t need that protection any longer.”
|SECTION 230: THE LAW AT CENTER OF BIG TECH SHOWDOWN|
Twenty-six words tucked into a 1996 law overhauling telecommunications have allowed companies like Facebook, Twitter and Google to grow into the giants they are today.
Under the U.S. law, internet companies are generally exempt from liability for the material users post on their networks. Section 230 of the 1996 Communications Decency Act – itself part of a broader telecom law – provides a legal ‘safe harbor’ for internet companies.
But Republicans increasingly argue that Twitter, Facebook and other social media platforms have abused that protection and should lose their immunity – or at least have to earn it by satisfying requirements set by the government.
Section 230 probably can’t be easily dismantled. But if it was, the internet as we know it might cease to exist.
Just what is Section 230?
If a news site falsely calls you a swindler, you can sue the publisher for libel. But if someone posts that on Facebook, you can’t sue the company – just the person who posted it.
That’s thanks to Section 230, which 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.’
That legal phrase shields companies that can host trillions of messages from being sued into oblivion by anyone who feels wronged by something someone else has posted – whether their complaint is legitimate or not.
Section 230 also allows social platforms to moderate their services by removing posts that, for instance, are obscene or violate the services’ own standards, so long as they are acting in ‘good faith.’
Where did Section 230 come from?
The measure’s history dates back to the 1950s, when bookstore owners were being held liable for selling books containing ‘obscenity,’ which is not protected by the First Amendment. One case eventually made it to the Supreme Court, which held that it created a ‘chilling effect’ to hold someone liable for someone else´s content.
That meant plaintiffs had to prove that bookstore owners knew they were selling obscene books, said Jeff Kosseff, the author of ‘The Twenty-Six Words That Created the Internet,’ a book about Section 230.
Fast-forward a few decades to when the commercial internet was taking off with services like CompuServe and Prodigy. Both offered online forums, but CompuServe chose not to moderate its, while Prodigy, seeking a family-friendly image, did.
CompuServe was sued over that, and the case was dismissed. Prodigy, however, got in trouble. The judge in their case ruled that ‘they exercised editorial control – so you’re more like a newspaper than a newsstand,’ Kosseff said.
That didn’t sit well with politicians, who worried that outcome would discourage newly forming internet companies from moderating at all. And Section 230 was born.
‘Today it protects both from liability for user posts as well as liability for any clams for moderating content,’ Kosseff said.