Section 230

Section 230: an overview

^{Congressional Research Service}

Since its passage, federal courts have interpreted Section 230 as creating expansive immunity for claims based on third-party content that appears online. Consequently, internet companies and users frequently rely on Section 230’s protections to avoid liability in federal and state litigation. But in recent years, commentators and jurists have expressed concern that the broad immunity courts have recognized under Section 230 is beyond the law’s intended scope.

^{Jan. 4, 2024}

Liability for Content Hosts: An Overview of the Communication Decency Act’s Section 230

^{Congressional Research Service}

Section 230 of the Communications Act of 1934, enacted as part of the Communications Decency Act of 1996 (CDA), broadly protects online service providers like social media companies from being held liable for transmitting or taking down user-generated content. In part because of this broad immunity, social media platforms and other online content hosts have largely operated without outside regulation, resulting in a mostly self-policing industry. However, while the immunity created by Section 230 is significant, it is not absolute.

^{June 6, 2019}

Telecommunications Act of 1996 (S 652, PL 104-104)

^Congress.gov

An act to promote competition and reduce regulation in order to secure lower prices and higher quality services for American telecommunications consumers and encourage the rapid deployment of new telecommunications technologies.

^{Enacted Feb. 8, 1996}