Section 230: The Law at the Center of the Big Tech Debate

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Q1Section 230 of the Communications Decency Act of 1996 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" (Leary, Mary Graw, p.553). Regular Internet Service Providers (ISPs), ‘interactive computer service providers, and online services that produce third-party content are protected from laws that would otherwise act to their disadvantage.
The protection offered by CDA has spurred up and led to the flourishing of innovations and online freedom of speech. Internet users can upload videos, give their reviews, and social network on the various platforms available like Facebook, YouTube, and Twitter, among others under this legal and policy framework. CDA 230 protects bloggers who are often intermediaries on their blogs and offers a safe platform for people to voice their opinions and controversies on various issues like politics.
Q2 The First amendment of the United States’ constitution was about guaranteeing freedom based on religion, expression, assembly, and right to petition. Simultaneously, CDA Section 230 assures third-party internet users of their protection from any obnoxious law that may intimidate them. They are both similar because they protect the views and rights accrued to people based on various parameters and their freedom of expression on the internet. The first amendment guarantees freedom of expression, which is a vital aspect vouched for by section 230. Congress is prohibited from interfering with the press and the people’s freedom of speech (Wu, Tim, p. 547). Citizens can assemble and petition their government just as online users protected by Section 230 can raise their voices on controversial issues. The amendment mirrors section 230.
Q3 The immunity offered by Section 230 requires a three-prong test where a defendant should satisfactorily fulfill these three elements to enjoy the benefits accrued to him; 1) he should provide or use interactive computer service including broadband internet service providers like Xfinity, internet hosting companies, and search engines like Google among other platforms (Lee, Edwin,p.457). 2) The defendant is an Information Content Provider. They enjoy the protection as long as they did not participate in the production of illegal content. 3) If the defendant is considered a publisher or speaker by the liability claim. Section 230 may hinder liability if the suit is handled based on editorial decisions like selecting the content to publish or withdrawing content.
Q4 Section 230’s liability shield is not absolute, but it is limited. Section e of the shield highlights instances when the liability shield is not appli...