Correcting a Persistent Myth About the Law that Created the Internet
Editor’s Note: See also ABA AdLaw Section Summer Brownbag Series: Regulation of Social Media?
From: The Regulatory Review
The second component, which has received less focus, states that online services shall not be held liable due to “any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.”
By immunizing platforms not only from claims arising from user content, but also from platforms’ good-faith efforts to block access to a wide range of content, including that which is “otherwise objectionable,” Congress made clear that platforms—and their users—were better suited to determine whether material was suitable to stay online.
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