Section 230 Basics: There Is No Such Thing As A Publisher-Or-Platform Distinction

Section 230 Basics: There Is No Such Thing As A Publisher-Or-Platform Distinction

4 years ago
Anonymous $RGO3jP_V_c

https://www.techdirt.com/articles/20201017/13051145526/section-230-basics-there-is-no-such-thing-as-publisher-or-platform-distinction.shtml

We've said it before, many times: there is no such thing as a publisher/platform distinction in Section 230. But in those posts we also said other things about how Section 230 works, and perhaps doing so obscured that basic point. So just in case we'll say it again here, simply and clearly: there is no such thing as a publisher/platform distinction in Section 230. The idea that anyone could gain or lose the immunity the statute provides depending on which one they are is completely and utterly wrong.

In fact, the word "platform" does not even show up in the statute. Instead the statute uses the term "interactive computer service provider." The idea of a "service provider" is a meaningful one, because the whole point of Section 230 is to make sure that the people who provide the services that facilitate others' use of the Internet are protected in order for them to be able to continue to provide those services. We give them immunity from the legal consequences of how people use those services because without it they wouldn't be able to – it would simply be too risky.