What is Section 230 and why is it important?
The Communications Decency Act is a massive document. Ratified in 1996, it outlines the regulations and responsibilities of internet users and providers of services. Tap or click here to see what the Biden presidency could mean for the tech world.
But tucked away deep inside are 26 words that helped shape the net into what it is today. Section 230 of the Telecommunications Act of 1996 reads: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”
In layman’s terms, the meaning behind it is simple. No internet-based service can be held responsible for what users post, create, comment or share. The Section covers any user-driven website like YouTube, Facebook, Twitter and even citizen journalism platforms. There are exceptions, however, as the Section doesn’t cover illegal activity.
Section 230: Protection for private blocking
It might sound like a fair piece of legislation. But the internet in 1996 was a different space from what it is today. Before debating whether Section 230 should be repealed, you must understand its context.
A key section is the 26-word paragraph in point 1 of paragraph C (Protection for “Good Samaritan” blocking and screening of offensive material). The context can be found a few paragraphs above that, under “Findings.”
When initially presented to lawmakers in 1996, Congress had no idea just how aggressive internet use would become. Congress at the time found:
- These (internet) services offer users a great degree of control over the information that they receive.
- Rapidly developing internet services represent an extraordinary advance in the availability of educational and informational resources to our citizens.
- The internet and other interactive computer services offer a forum for a true diversity of political discourse, unique opportunities for cultural development.
- The internet and other interactive computer services have flourished, to the benefit of all Americans, with a minimum of government regulation.
- Increasingly Americans are relying on interactive media for a variety of political, educational, cultural and entertainment services.
To Congress at the time, the internet’s growth and popularity were a marvel of future education and online discussions.
The internet was a happy place
Twenty-five years ago, the most visited website was AOL.com, with 41% penetration. Webcrawler.com followed with 33% and Netscape.com with 31%.
The internet was, in essence, a happy place back then. Skewed towards education and diversity, it’s easy to see why many didn’t pay too much attention to Section 230. They either didn’t understand it or foresee that it would one day become a problem.
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