A bipartisan effort is underway to sunset Section 230 of the Communications Decency Act, as lawmakers from opposing sides of the aisle believe it has “outlived its usefulness.”
House Energy and Commerce Committee Chair Cathy McMorris Rodgers and Ranking Member Frank Pallone, Jr. have released a draft legislation proposing a bill that aims to render the provision ineffective after December 31, 2025.
In an op-ed piece for The Wall Street Journal, the lawmakers acknowledged that Section 230 played a crucial role in shaping the Internet from its early days to the present global nexus of communication and commerce.
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However, they argued that big tech companies are now exploiting the same law to shield themselves from any responsibility or accountability for the harm caused by their platforms, particularly to children.
According to Rodgers and Pallone, previous attempts to address the issues with Section 230 failed because tech companies refused to cooperate meaningfully.
In response, their proposed bill would compel these companies to work with government officials for 18 months to develop and implement a new legal framework to replace the current version of Section 230.
While the new law would still protect free speech and encourage innovation, it would also require tech companies to be responsible stewards of their platforms.
Rodgers and Pallone emphasized that their bill would give these companies a choice: either ensure that the internet remains a safe and healthy place for everyone or risk losing their Section 230’s protections altogether.
Section 230 currently shields online publishers from liability for content posted by their users. Companies like Meta and Google have frequently relied on this provision to have lawsuits dismissed. However, in recent years, Section 230 has faced intense scrutiny.
Last year, a bipartisan group of senators introduced a bill that would amend Section 230 to require major platforms to remove illegal content within four days as determined by the courts.
Another bipartisan group proposed the “No Section 230 Immunity for AI Act,” which seeks to hold companies like OpenAI accountable for harmful content, such as deepfake images or audio created to tarnish someone’s reputation.
The bipartisan bill introduced by Rodgers and Pallone reflects a growing sentiment among lawmakers that Section 230 needs to be reevaluated and updated to address the current challenges posed by big tech companies.
By encouraging collaboration between these companies and the government, the proposed legislation aims to strike a balance between protecting free speech and holding tech platforms accountable for the harm they may cause.
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