Section 230: Everything you must know about the rule that shaped the internet

Section 230 is a law passed in 1996 that changed the fate of the telecommunication industry and allowed tech giants like Facebook, Google, Microsoft and Twitter to stand where they are today.

A case in the US Supreme Court this week challenges the above law. Gonzalez v. Google is the case in which the family of a man who was killed in a terror attack in Paris is suing Google. The court will decide whether the man can sue Google for promoting extremist content through its algorithm.

The result of this case can highly impact the future of free speech and expression on the internet.

What is Section 230?

The law states that one can sue the publisher for libel if a piece of news unjustly labels the person as a conman. Nevertheless, if someone does so on Facebook, the person can only sue the individual who did so.

According to Section 230 of the 1996 Communications Decency Act, no provider or user of an interactive computer service will be regarded as the publisher or speaker of any information provided by another information content provider.

This legal clause protects businesses that can handle trillions of communications from being sued by anyone who feels harmed by something one has said, irrespective of whether their complaint is valid or not.

What will happen if Section 230 goes away?

Prof Eric Goldman, specialising in internet law, said that the most important thing we do on the internet is talk to each other. We talk through the mail, social media platforms or message boards. We are able to talk because of Section 230, which says that the platform that allows us to talk is not responsible for our interactions. If this law is repealed, we would not be able to talk on the platform that currently permits us to do so.

There will be two outcomes of this case. The platforms will get more cautious about the content being posted or the platforms will completely abandon the moderation of content.

FAQ

1. When was section 230 passed?
Ans: Section 230 was passed in 1996.

2. Which case challenges section 230?
Ans: Gonzalez v. Google challenges Section 230