U.S. Sen. Sheldon Whitehouse said Friday that he plans to file a bipartisan bill to repeal Section 230 of the Communications Decency Act.
Passed in 1996 as part of the Telecommunications Act, Section 230 has become the focus of intense political debate in recent years.
“We’re finally moving forward with filing a bipartisan repeal of Section 230. We’ve been working on this for a long time, and I think it’s time to make a decision. People in this committee who want to join a bipartisan bill can join, and people who don’t don’t have to,” the Democratic senator said.
“But waiting any longer, I don’t think it serves any useful purpose. So I thank Senator Graham for taking that course,” he added.
What is Section 230?
Section 230 of the Communications Act of 1934, enacted as part of the Communications Decency Act of 1996, provides limited federal immunity to providers and users of interactive computer services, according to the US Congress website.
Generally, it provides immunity for online computer services with respect to third-party content generated by their users.
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A key provision of the Act (c)(1) states that “no provider or user of an interactive computer service shall be deemed to be the publisher or spokesperson of any information provided by another provider of information content.”
This gives platforms like Facebook, TikTok, X, and Instagram immunity from content posted by its users, essentially allowing free speech online.
The law was invoked to protect social media companies from lawsuits based on their decisions to upload or remove user-generated content.
Who is against Section 230?
Few Democratic lawmakers, including Sen. Sheldon Whitehouse, have come out in favor of repealing Section 230 of the Telecommunications Act.
Lawmakers including Sens. Lindsey Graham, R-SC, and Dick Durbin, D-Illinois, also supported repealing it to prompt a retrial of its provisions.
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During his first presidency, US President Donald Trump called for the law to be repealed and signed an executive order attempting to curtail some of its protections, although it was challenged in court.
Subsequently, former President Joe Biden also expressed his opinion against the law.
Why do people not want to repeal Section 230?
While many politicians want Section 230 to be repealed, experts and analysts have warned of the consequences of such a move.
Section 230, often touted as the “26 words that created the Internet,” does not grant blanket immunity to ISPs and still makes them liable for cases such as sex trafficking and hate speech.
However, a total repeal could mean increased censorship, a wave of lawsuits, and a negative impact on innovation and free speech.
In an article in The Conversation, MIT management professor Sinan Aral warned, “If you repeal Section 230, one of two things will happen. Either the platforms will decide they don’t want to moderate anything, or the platforms will moderate everything.”
Without immunity under Section 230, platforms could be held responsible for the content their users post, leading to the possible removal of content they say could lead to a lawsuit against the company.
Experts say repealing Section 230 could kill free speech on the Internet.
