Section 230

Section 230 of the Communications Decency Act is often called “the twenty-six words that created the internet.” This 1996 law provides broad immunity to online platforms and services from liability for content posted by their users.

Key Provisions

The law contains two main provisions:

1. Platform Immunity: Online platforms cannot be treated as the publisher or speaker of third-party content
2. 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, originally intended to encourage platforms to moderate offensive content without fear of liability. It emerged from concerns about two conflicting court cases:

• Cubby, Inc. v. CompuServe Inc. (1991) - Found platforms not liable if they didn’t moderate
• 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
• The broader ecosystem of user-generated content

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