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Lesson 13 min 20 XP

Platform Liability

Should social media companies be legally responsible for content posted by their users, and how different legal systems answer this question.

The Twenty-Six Words That Created the Internet

Section 230 of the US Communications Decency Act (1996) states: '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.' In plain language, platforms are not liable for content posted by their users. This legal shield, often called 'the twenty-six words that created the internet,' allowed platforms to host user content without facing lawsuits for every defamatory post, illegal listing, or harmful comment.

Section 230 also protects 'good faith' content moderation. Platforms can remove content they consider objectionable without losing their liability shield. This dual protection, not liable for leaving content up, not liable for taking it down, gave platforms enormous discretion over content decisions. Without Section 230, the modern internet of user-generated content, from Wikipedia to YouTube to Reddit, would likely not exist.

Platform Liability | Model Diplomat