Re:Mark in the Middle
by triceratops on Thursday September 24, 2020 @03:00PM
(#24582248)
> if they are going to police opinions, they are acting as editors, not a platform.
This is a common misconception, but that's not what the law actually says. I'd encourage you to go read Section 230 yourself. It says a platform can't be held legally liable for:
"any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected"
The NYT and Fox News are publishers but they're only liable for the stuff they write and publish themselves. If someone on their comments section posts objectionable or illegal content they aren't liable for it. And they're free to moderate their comments section in any way they wish.
BTW consider the alternative if it wasn't this way. Activists could flood 2A message boards with "guns evil, ban them all" spam and the mods could do nothing to stop them lest they lose Section 230 protections. Trolls could harass users on forums for sensitive topics such as dealing with grief, cancer, PTSD or other traumas. Every online forum would become totally unusable.
This is a common misconception, but that's not what the law actually says. I'd encourage you to go read Section 230 yourself. It says a platform can't be held legally liable for:
"any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected"
The NYT and Fox News are publishers but they're only liable for the stuff they write and publish themselves. If someone on their comments section posts objectionable or illegal content they aren't liable for it. And they're free to moderate their comments section in any way they wish.
BTW consider the alternative if it wasn't this way. Activists could flood 2A message boards with "guns evil, ban them all" spam and the mods could do nothing to stop them lest they lose Section 230 protections. Trolls could harass users on forums for sensitive topics such as dealing with grief, cancer, PTSD or other traumas. Every online forum would become totally unusable.