Social media has a problem with the Communication Decency Act because of its censorship
Marc Giller:
If the social media giants wonder why many are angry with him there is an answer here.
Back in 1996, Congress carved out Section 230 of the Communications Decency Act as a way of encouraging innovation and growth in a fledgling internet. At its most basic level, the section states:Facebook and YouTube have the same problem. Ted Cruz has already raised the issue in oversight hearings and the Trump administration should start doing something about it.
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 reasoning behind this is actually quite simple. Congress figured that if internet service providers such as AOL and CompuServe were held liable for the content posted by third parties over which the company had no control, that would discourage them from ever allowing that content in the first place.
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Section 203 was meant to avoid the same problems on the internet, allowing providers to serve as a platform for content creators without fear of being held legally responsible for that content. It was a very conservative argument: Less regulation leads to more innovation—but absolutely nobody could have foreseen the explosive growth that resulted, with the internet going from a curiosity for geeks to an integral part of amost everybody’s life. And it all happened simply because Congress had the uncharacteristic wisdom to just get out of the way.
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Note how carefully he (Twitter CEO) threads the needle in that last statement. Dorsey admits that his company’s culture leans to the left, but that in no way affects how conservatives are treated on his platform. That’s because he understands that under the law, Twitter explicity needs to be considered a platform in order to be exempted from liability. If, on the other hand, his company’s liberal culture leads it to curate content based political preferences, then it is exercising editorial discretion—which means Twitter has ceased to be a neutral platform.
It has become, in fact, a publisher.
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If the social media giants wonder why many are angry with him there is an answer here.
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