Many civil libertarians will tell you that there were certain problems with the 1996 Telecommunications Act, but there’s one part of it that every ISP and owner of a UGC-based web site loves. Now two rulings threaten to weaken that part of the Act. Should you be concerned?
I’m referring to Section 230 of what has been commonly called the Communications Decency Act. Wikipedia discusses it in layman’s terms, more or less. The Electronic Frontier Foundation has an excellent page on Section 230 with an explanation of how it applies to bloggers.
The actual text of Section 230 that is relevant to providers of user-driven sites such as Myspace and YouTube says that “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 short, if I upload a nasty video to YouTube that makes fun of Disney, the entertainment company can’t sue YouTube; they’re supposed to sue me. (If I’m violating copyright, there’s also the little matter of DMCA takedown notices, but that’s another law and an entirely different can of worms).
Section 230 has helped the Internet become the wonderfully raucous and contentious place that it is today. Where would we be without all the online forums, blogs, dating sites, and photo- and video-sharing sites with all their comments? Every single one of those boasts user-generated content, and thanks to Section 230, the owners of these kinds of sites don’t have to worry about civil lawsuits for a wide range of potential offenses, including defamation. Sure, if the owner of one of these sites posts actionable content, he or she can still be sued; but if I own a UGC site and Mary Sue posts something that merits a lawsuit, those lawyers won’t be aimed at me.
It seems that good things never last, however, and a pair of rulings by federal district judges just might end the party. Both are being appealed, but as Ann Broache, writing for CNet, notes, “If those decisions are upheld on appeal, and if more judges follow suit, web site operators and Internet service providers may find themselves compelled to police what their users post – or face the unsettling prospect of being held liable for the contents.”
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