Re:Permanent suspension of @realDonaldTrump
by elliekelly on Friday January 08, 2021 @07:27PM
(#25693291)
Section 230 specifically does not apply to federal criminal liability and the circuits are currently (sort of) split about whether a platform could be held responsible in this situation.
The 9th Circuit ruled Sec. 230 did not shield a platform from civil liability arising from their “failure to warn” a potential victim of a violent crime. Meanwhile, the 2nd Circuit found Sec. 230 did protect Facebook from civil liability for hosting terrorism-related content.
And both of those were civil cases. In the context of potential criminal liability Sec. 230 couldn’t even be raised.
The 9th Circuit ruled Sec. 230 did not shield a platform from civil liability arising from their “failure to warn” a potential victim of a violent crime. Meanwhile, the 2nd Circuit found Sec. 230 did protect Facebook from civil liability for hosting terrorism-related content.
And both of those were civil cases. In the context of potential criminal liability Sec. 230 couldn’t even be raised.