Section 230 has two key provisions: (c)(1) protects platforms from being treated as the publisher of user content; (c)(2) protects "good-faith" content moderation. Together, these rules underpinned the modern internet by letting platforms host vast user content without per-post liability.
Reform proposals span the spectrum:
- Repeal entirely (right and left both have advocates).
- Carve-outs: For specific harms (CSAM — already partially carved by FOSTA-SESTA, terrorism, election misinformation, AI-generated content).
- Conditional immunity: Tied to algorithmic transparency, content-moderation standards, or anti-bias requirements.
- Common-carrier proposals: Treat large platforms as common carriers prohibited from discriminating among users.
Defenders argue Section 230 is essential to free expression online; without it, platforms over-moderate (or under-moderate) to avoid liability. Critics argue it lets platforms enable real-world harm without accountability.