Section 230 of the Communication Decency Act, 47 U.S. Code § 230, is “one of the most valuable tools for protecting freedom of expression and innovation on the Internet”, as the Electronic Frontier Foundation writes.
The text of Section 230 which is of interest is the following:
“(c) Protection for “Good Samaritan” blocking and screening of offensive material
(1) Treatment of publisher or speaker
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.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of—
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected;
or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1)”
The Electronic Frontier Foundation text explains that:
“The Internet community as a whole objected strongly to the Communications Decency Act, and with EFF’s help, the anti-free speech provisions were struck down by the Supreme Court. But thankfully, CDA 230 remains and in the years since has far outshone the rest of the law.”
[…]
“This legal and policy framework has allowed for YouTube and Vimeo users to upload their own videos, Amazon and Yelp to offer countless user reviews, craigslist to host classified ads, and Facebook and Twitter to offer social networking to hundreds of millions of Internet users. Given the sheer size of user-generated websites […] Rather than face potential liability for their users’ actions, most would likely not host any user content at all or would need to protect themselves by being actively engaged in censoring what we say, what we see, and what we do online.”
The Universal Declaration of Human Rights, adopted in 1948, formulates in the Article 19 the freedom of opinion and expression:
“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
These rights (condesated name: “free speech”) are in many countries constitutions.
In US there is the First Amendment to the United States Constitution:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
The right of free speech is, in US, protected against the government. The Article 19 of the Universal Declaration of Human Rights has a more powerful form, not being restricted to protect against goverments.
But governments are no longer the most powerful force, the one we need protection for our free speech.
Corporations are! more specifically, any private entity who was formed and grown by the promise of a better public forum.
Section 230, as is, does not protect free speech as defined in the article 19. It does not protect free speech more than the First Amendment, who protects only against goverment. It only protects these rights in an indirect way, namely that without Section 230 corporations “would likely not host any user content at all or would need to protect themselves by being actively engaged in censoring what we say, what we see, and what we do online”, as EFF explains. So even more, when corporations are actually actively engaged in censoring, with the best intentions even, Section 230 does not protect free speech.
What can be done? The simple thing to add to the wonderful and very useful Section 230 would be a form of article 19 or an extension of the First Amendment text, with the effect that:
Any provider of user created content is under the same constraints concerning free speech as the state is by the First Amendment.
In this way, Section 230 will turn from an unfair advantage of monopolies who control our world view, into an explicit protector of freedom of expression and innovation on the Internet.