He Didnt Start the Fire: How Decent Is Section 230 of the Communications Decency Act in Keeping Social Media in Check? Who or what caused the incident at the Capitol Building on January 6, 2021, is for the historians to decide, yet social medias role and responsibilities have been called into question. What is their responsibility and authority as of this writing? Section 230 of the Communications Decency Act states that an interactive computer service cant be treated as the publisher or speaker of third-party contentthey cannot be held liable for anything posted on their sites, with exceptions for copyright violations, sex work-related material, and violations of federal criminal law. Second, this act gives social media platforms unilateral authority over that content. They in essence have carte blanche in terms of who and what can be posted on their sites and have the right to place warning labels on posts as well as exclude content they deem inappropriate for their subscribers. (Newton, Casey, December 29th, 2020. Everything You Need to Know About Section 230: The Most Important Law for Online Speech, The Verge, www.theverge.com/21273768/section-230-explained-internet-speech-law-definition-guide-free-moderation, 1/20/2021.) Even before Facebook and Twitter permanently banned then-President Trumps access to their platforms, as noted in the opening case of this chapter, the power and freedom of both traditional and social media had already been called into question. First, many Americans have suggested that actions by traditional media companies (i.e., the New York Times, Washington Post, CBS News) to delimit certain interest groups voices clearly illustrate the inherent bias these mainstream media have against conservative voices. They argue that social media platforms provide an unfettered and unfiltered channel of communication where these alternative political views and philosophies could be airedhence a true marketplace of ideas where the reader could decide for him or herself what the truth is. Social media platforms, however, are motivated by paid advertisements, where the rates are set by user traffic. They use data analytics and artificial intelligence to discern what subscribers are reading and suggest similar topics of interest in order to increase users time on their platform; more time, higher advertising rates. It has been argued that this approach amplifies conspiracy theories, fringe groups, and other problematic content that is highly suggestive to readers and has therein aided and abetted these extremist groups, including those which were involved in the Capitol incident. (Ghosh, Dipayan, January 14, 2021. Are We Entering a New Era of Social Media Regulation? Harvard Business Review, https://hbr.org/2021/01/are-we-entering-a-new-era-of-social-media-regulation.) Both 2020 presidents, Trump and Biden, have weighed in on this issue and ironically agreed with each other, yet perhaps for differing reasons. In January 2020, then President Elect Biden proposed revoking Section 230 completely . [Firms like Facebook and Twitter] are propagating falsehoods they know to be false. [Then in May of 2020] President Donald Trump released an executive order targeting Section 230 and social media . The order asked regulators to redefine Section 230 more narrowly, bypassing the authority of Congress and the courts. It also pushed agencies to collect complaints of political bias that could justify revoking sites legal protections . Following Joe Bidens election, hes [Trump] gone further and pushed for complete Section 230 abolitionthreatening to veto the National Defense Authorization Act unless it includes a repeal of the law and packaging it into the ongoing push for $2000 direct stimulus payments. (Newton, Casey, December 29th, 2020. Everything You Need to Know About Section 230: The Most Important Law for Online Speech, The Verge, www.theverge.com/21273768/section-230-explained-internet-speech-law-definition-guide-free-moderation, 1/20/2021.) Certainly after January 6, Congress has stated that they will be revisiting Section 230, including the role social media may have played in facilitating radical interest groups involved in that incident. Determine the specific strategic stakeholders for and against its stance on the issue.