Trump Administration Revises SNS... Amendment Submitted to Remove Immunity

U.S. Department of Justice Submits Communications Decency Act Section 230 Amendment Bill to Congress

[Image source=Reuters Yonhap News]

[Asia Economy Reporter Kwon Jae-hee] The U.S. Department of Justice has submitted a proposal to Congress to strengthen content management responsibilities for internet platform companies such as Google, Facebook, and Twitter, the Wall Street Journal (WSJ) reported on the 23rd (local time).

According to the report, the Department of Justice submitted an amendment to Section 230 of the Communications Decency Act, enacted in 1996, to Congress on that day. Section 230 of the Communications Decency Act has been the legal basis that allowed U.S. IT companies to expand their internet service businesses by granting immunity from legal liability to companies for content posted by platform users. However, the core of this amendment is that it will no longer protect the privilege of exempting companies from legal responsibility.

The key point of the proposed amendment is that online platforms will not be granted immunity under Section 230 if they fail to meet certain standards. For example, this applies if a platform knowingly does not restrict posts that promote crimes or illegal activities, or unilaterally restricts user access without explaining content moderation practices.

Additionally, immunity will not be granted in cases related to child exploitation and sexual abuse, terrorism, and cyberstalking online.

There have been ongoing claims that the immunity granted to platform operators under Section 230 has been excessive. Voices have come not only from former President Donald Trump but also from both the Republican and Democratic parties.

In May, when President Trump posted on his Twitter that "mail-in voting can lead to election fraud," Twitter attached a fact-check label stating that the claim could be misleading. In response, President Trump said, "This is suppressing freedom of expression and political activism," and signed an executive order to regulate online platform companies.

Democratic presidential candidate Vice President Joe Biden, as well as House Speaker Nancy Pelosi and others in the Democratic Party, have also argued that regulation is necessary to prevent internet platform companies from spreading misinformation.

Elizabeth Banker of the Internet Association Trade Group, which includes internet companies such as Facebook and Twitter, criticized, "Well-intentioned efforts to eliminate misinformation, platform manipulation, and cyber violence could ultimately lead to lawsuits."