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Competition and Content Moderation

4/2/22
from The Gray Area:
4/1/22:
I tend to agree with the position below on Section 230 of the Communications Decency Act. The easy answer to the problems with social media & Big Tech are to allow them to be sued, but is that the best answer? Apparently not, for reasons stated below. So what do we do? Nothing? That is clearly not the answer. Do we label them, say Truth Social, GETER, Rumble are 'right leaning' and Google, Twitter, FB, You Tube are 'left leaning'? Probably wouldn't work because we would have the same problem with that we have now with Social Media, who is making the decisions on labeling. Here are two ideas.
  • One, via courts or regulatory process, bring the social media companies up on charges that they are not in line with the charter given in Section 230 of providing a open platform for comments.
  • Two, proceed with anti-trust suits to break them up. This would require new leadership in Congress for sure.
I think we do both simultaneously, starting tomorrow.
from CATO Policy Analysis,
1/31/22:
How Section 230 Enables Increased Tech Marketplace Entry Section 230 of the Communications Decency Act has played a pivotal role in fostering the internet ecosystem we have today. Although the law applies to millions of websites of all sizes, critics often misconstrue it as a special exemption for “big tech” companies, shielding them from legal scrutiny; however, platforms large and small are liable for all content they create or develop, even if only in part. Yet many lawmakers see Section 230 as a stumbling block impeding fairness and accountability online. Their arguments fail to consider the expansive impact that Section 230 has had in fostering and preserving a competitive online marketplace over the past 25 years. Its protections for both platforms and users have proven essential to increasing competition. As it is written, the law provides a liability protection that acts as a safeguard for innovation and increases consumer choice and competition. Changing or abolishing Section 230 would fundamentally alter how platforms host user‐​generated content, which will negatively affect new and small companies that lack the resources of large incumbents. Ultimately, repealing or weakening Section 230 will not affect tech giants as much as their smaller competitors, who will be burdened by the challenges associated with regulatory hurdles, compliance costs, and the return of the moderator’s dilemma. More From CATO Policy Analysis:


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