Regulating Social Media: The Fight Over Section 230 — And Beyond
![Regulating Social Media Section 230](https://bhr.stern.nyu.edu/wp-content/uploads/2024/04/Regulating-Social-Media-Section-230.jpg)
September 2020
Who is liable for online content?
There are increasing calls to curtail or revoke Section 230, a 1996 law that protects internet companies from most lawsuits related to user-generated content. Critics of Section 230 say it discourages vigilant self-regulation. Proponents counter that the law has fostered free expression and innovation. Our report concludes that Section 230 ought to be preserved but significantly amended.
Creating a new internet regulator
Reform in this area should go beyond amending Section 230. We recommend formation of a Digital Regulatory Agency— an independent body with internet expertise that will establish and enforce rules aimed at boosting platform transparency and accountability without interfering in content decisions. The agency could, for example, require internet companies to disclose how their algorithms order news feeds and recommendations, which would help explain how harmful content spreads.
Related
See all‘We Want You To Be A Proud Boy’ How Social Media Facilitates Political Intimidation and Violence
As a volatile election nears, our new report reveals that social media is consistently exploited to facilitate political intimidation and violence, and recommends crucial changes that social media companies and governments can implement to reduce these harms.
Digital Risks to the 2024 Elections: Safeguarding Democracy in the Era of Disinformation
A new report by Paul M. Barrett, Justin Hendrix and Cecely Richard-Carvajal highlights that this year's primary tech-related threat to elections isn't AI-generated content, but the spread of false, hateful, and violent content on social media platforms.
NetChoice Amicus Brief
In this brief, the Center urged the Supreme Court not to grant the social media industry full immunity from regulation, while also arguing that content moderation laws in Florida and Texas violate the First Amendment.