One possible take, or solution, to this dilemma is to establish that a service that chooses who to include or exclude based on the content (beyond what is required by the law) becomes a publisher. And as a publisher, it becomes responsible for everything that it makes available to its users.

So in the end a company would be put in front of a choice: either choose what to allow and reject, and become legally responsible for everything that is published; or act as a neutral intermediary and assume no responsibility for the contents. Sounds fair?