As we have frequently noted on Socially Aware, Section 230 of the Communications Decency Act protects social media sites and other online platforms from liability for user-generated content. Sometimes referred to as “the law that gave us the modern Internet,” Section 230 has provided robust immunity for website operators since it was enacted in 1996. As we have also written previously, however, the historically broad Section 230 immunity has come under pressure in recent years, with both courts and legislatures chipping away at this important safe harbor.
Now, some lawmakers are proposing legislation to narrow the protections that Section 230 affords to website owners. They assert that changes to the section are necessary to protect Internet users from dangers such as sex-trafficking and the doctored videos known as “deep fakes.”
The House Intelligence Committee Hearing
Recently, a low-tech fraudulent video that made House Speaker Nancy Pelosi’s speech appear slurred was widely shared on social media, inspiring Hany Farid, a computer-science professor and digital-forensics expert at the University of California, Berkeley, to tell The Washington Post, “this type of low-tech fake shows that there is a larger threat of misinformation campaigns—too many of us are willing to believe the worst in people that we disagree with.” Continue Reading Legislators Propose Narrowing § 230’s Protections