Should Facebook, Google Be Liable For User Posts?
U.S. Attorney General William Barr on Wednesday questioned whether Facebook, Google and other major online platforms still need the immunity from legal liability that has prevented them from being sued over material their users post. "No longer are tech companies the underdog upstarts. They have become titans," Barr said at a public meeting held by the Justice Department to examine the future of Section 230 of the Communications Decency Act. "Given this changing technological landscape, valid questions have been raised about whether Section 230's broad immunity is necessary at least in its current form," he said.
Section 230 says online companies such as Facebook, Alphabet's Google and Twitter cannot be treated as the publisher or speaker of information they provide. This largely exempts them from liability involving content posted by users, although they can be held liable for content that violates criminal or intellectual property law. The increased size and power of online platforms has also left consumers with fewer options, and the lack of feasible alternatives is a relevant discussion, Barr said, adding that the Section 230 review came out of the Justice Department's broader look at potential anticompetitive practices at tech companies. Lawmakers from both major political parties have called for Congress to change Section 230 in ways that could expose tech companies to more lawsuits or significantly increase their costs. Barr said the department would not advocate a position at the meeting. But he hinted at the idea of allowing the U.S. government to take action against recalcitrant platforms, saying it was "questionable" whether Section 230 should prevent the American government from suing platforms when it is "acting to protect American citizens."
U.S. Attorney General William Barr on Wednesday questioned whether Facebook, Google and other major online platforms still need the immunity from legal liability that has prevented them from being sued over material their users post. "No longer are tech companies the underdog upstarts. They have become titans," Barr said at a public meeting held by the Justice Department to examine the future of Section 230 of the Communications Decency Act. "Given this changing technological landscape, valid questions have been raised about whether Section 230's broad immunity is necessary at least in its current form," he said.
Section 230 says online companies such as Facebook, Alphabet's Google and Twitter cannot be treated as the publisher or speaker of information they provide. This largely exempts them from liability involving content posted by users, although they can be held liable for content that violates criminal or intellectual property law. The increased size and power of online platforms has also left consumers with fewer options, and the lack of feasible alternatives is a relevant discussion, Barr said, adding that the Section 230 review came out of the Justice Department's broader look at potential anticompetitive practices at tech companies. Lawmakers from both major political parties have called for Congress to change Section 230 in ways that could expose tech companies to more lawsuits or significantly increase their costs. Barr said the department would not advocate a position at the meeting. But he hinted at the idea of allowing the U.S. government to take action against recalcitrant platforms, saying it was "questionable" whether Section 230 should prevent the American government from suing platforms when it is "acting to protect American citizens."
