Liability

Section 230 in the US and similar intermediary liability laws in Europe and other countries immunize platforms from claims resulting from the speech or actions of third parties that utilize these services. This legal framework enabled social media and e-commerce companies to operate at a massive scale and make enormous profits while taking on little legal risk or responsibility for the harms that result from their products and services. As a result, many stakeholders are calling on governments and courts to re-examine the scope and application of immunity, while others, including civil and human rights groups, argue any changes will diminish freedom of speech for all. Given the interconnected nature of the existing legal frameworks and the internet more generally, reform will require experts and advocates to develop approaches that preserve spaces for free speech, but incentivize tech companies to operate more responsibly.