Section 230
The federal law granting internet platforms broad immunity from civil liability for content posted by users.
Section 230 of the Communications Decency Act (1996) provides: 'No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.'
This provision has two major effects: 1. Platforms are not liable for harmful content their users post — they are not treated as publishers responsible for that content 2. Platforms can moderate content without losing their immunity — they can remove content they find objectionable without thereby becoming liable as publishers of the content they allow to remain
Section 230 has been called 'the twenty-six words that created the internet' because it enabled the open, user-generated internet. Without it, platforms would face potential liability for millions of user posts, creating overwhelming pressure to either moderate extremely aggressively or shut down altogether.
Section 230 has faced growing bipartisan criticism. Some argue it shields platforms from accountability for harmful content; others argue reform would harm free expression by creating incentives for excessive content suppression. The Supreme Court considered Section 230 in Gonzalez v. Google (2023) and Twitter v. Taamneh (2023).