Section 230 of the Communications Decency Act, passed in 1996 as part of the Telecommunications Act, has become a political lightning rod in recent years. The law shields online platforms from liability for user-generated content while allowing moderation in good faith.
Lawmakers including Sens. Lindsey Graham, R-S.C., and Dick Durbin, D-Ill., now seek to sunset Section 230 by 2027 in order to spur a renegotiation of its provisions. The senators are expected to hold a press event before April 11 about a bill to start a timer on reforming or replacing Section 230, according to reports. If no agreement is reached by the deadline Section 230 would cease to be law.
The debate over the law centers on balancing accountability for harmful content with the risks of censorship and stifled innovation. As a legal scholar, I see dramatic potential effects if Section 230 were to be repealed, with some platforms and websites blocking any potentially controversial content. Imagine Reddit with no critical comments or TikTok stripped of political satire.
The law that built the internet
Section 230, often described as “the 26 words that created the internet,” arose in response to a 1995 ruling penalizing platforms for moderating content. The key provision of the law, (c)(1), 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.” This immunizes platforms such as Facebook and Yelp from liability for content posted by users.
Importantly, Section 230 does not offer blanket immunity. It does not shield platforms from liability related to federal criminal law, intellectual property infringement, sex trafficking or where platforms codevelop unlawful content. At the same time, Section 230 allows platform companies to moderate content as they see fit, letting them block harmful or offensive content that is permitted by the First Amendment.
Some critics argue that the algorithms social media platforms use to feed content to users are a form of content creation and should be outside the scope of Section 230 immunity. In addition, Federal Communications Commission Chairman Brendan Carr has signaled a more aggressive stance toward Big Tech, advocating for a rollback of Section 230’s protections to address what he perceives as biased content moderation and censorship.
What Section 230 does and how it came about.
Censorship and the moderation dilemma
Opponents warn that repealing Section 230 could lead to increased censorship, a flood of litigation and a chilling effect on innovation and free expression.
Section 230 grants complete immunity to platforms for third-party activities regardless of whether the challenged speech is unlawful, according to a February 2024 report from the Congressional Research Service. In contrast, immunity via the First Amendment…
