Section 230
Section 230 of the Communications Decency Act, which legal scholar Jeff Kosseff dubbed “the twenty-six words that created the internet,” is a 1996 law that provides broad immunity to online platforms and services from liability for content posted by their users.
Key Provisions
The law contains two main provisions:
- Platform Immunity: Online platforms cannot be treated as the publisher or speaker of third-party content
- Good Faith Moderation: Platforms can moderate content without losing their immunity
Historical Context
Section 230 was enacted as part of the Communications Decency Act of 1996. Its stated purposes under Section 230(b) include promoting internet development, preserving the free market, encouraging the development of technologies for user control, and removing disincentives for platforms to moderate content. It emerged from concerns about two conflicting court cases:
- Cubby, Inc. v. CompuServe Inc. (1991) - Found CompuServe acted as a distributor rather than publisher, liable only if it knew or had reason to know of defamatory content
- Stratton Oakmont, Inc. v. Prodigy Services Co. (1995) - Found platforms liable if they did moderate
Impact on Digital Platforms
Section 230 has enabled:
- The growth of social media platforms
- User review sites and forums
- Comment sections on news sites
- Video and content sharing platforms
- Messaging services, wikis, and other user-generated content services
Ongoing Debates
The law faces criticism and reform proposals from multiple perspectives:
- Concerns about platform power and content moderation decisions
- Questions about platform responsibility for harmful content
- Debates over the scope of “good faith” content moderation
- State-level attempts to regulate platform moderation practices