Re:Facebook Admits It Was Used to Incite Violence in Myanmar...
by Jtsummers on Monday January 11, 2021 @03:08PM
(#25735707)
> Is this not an absurd standard considering section 230 exists? Where the govt literally tells platforms to not moderate?
Section 230 does not "literally [tell] platforms to not moderate". It removes some degree of liability for content not produced by the host itself.
If I, on Twitter, make a false statement (libel) against someone, Twitter is not liable for it (I am). Now, Twitter could remove that false statement (on its own or directed by a court as part of or after a suit against me by the injured party). Whether they need to remove it in order to avoid liability would depend on various other circumstances. For instance, if my content is actually illegal (by some measure) then Twitter could actually be legally obligated under other rules. But they remain free of liability for the post itself so long as they (eventually) comply with the law and remove it. But if they permit the illegal content to remain, then they could eventually become liable for it (per other statutes).
Moderation is, as a consequence of the laws in place, both permitted and occasionally mandated.
Section 230 does not "literally [tell] platforms to not moderate". It removes some degree of liability for content not produced by the host itself.
If I, on Twitter, make a false statement (libel) against someone, Twitter is not liable for it (I am). Now, Twitter could remove that false statement (on its own or directed by a court as part of or after a suit against me by the injured party). Whether they need to remove it in order to avoid liability would depend on various other circumstances. For instance, if my content is actually illegal (by some measure) then Twitter could actually be legally obligated under other rules. But they remain free of liability for the post itself so long as they (eventually) comply with the law and remove it. But if they permit the illegal content to remain, then they could eventually become liable for it (per other statutes).
Moderation is, as a consequence of the laws in place, both permitted and occasionally mandated.