Litigation Immunity for Social Media Platforms in the US and Beyond – What Does the Future Hold?
Twitter, Facebook, YouTube, and other socials were the focus of much attention during the US 2020 election. Some have lauded the platforms for efforts to label or remove election-related misinformation, while others have denounced this conduct as perceived censorship. A May 2020 Executive Order called upon agencies to curtail the scope of Section 230 of the US's Communications Decency Act (“CDA”), which provides immunity for content generated by others. Making changes to platform immunity may be one of the few things both parties can agree on. This program will discuss the state of the law; alternatives under discussion for tweaking the US approach; the role of algorithmic boosting of content; approaches taken outside the US; the regulatory impact on sites which host customer content (e.g. retailers); and other issues.
- Gain an understanding of online immunity under CDA § 230 and the potential consequences of adjusting its scope.
- Consider whether the current self-regulatory approach by platforms should be maintained.
- Learn about possible legislative and regulatory proposals and the possible impact on clients.
Peter J. Pizzi, Walsh Pizzi O'Reilly Falanga LLP, Newark, New Jersey USA
Daphne Keller, Stanford Law School - Stanford Cyber Policy Center, Stanford, California USA
David McCraw, The New York Times, New York, New York USA
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