Poster Session 6, 4:15 PM - 5:00 PM: Room 163 [C31]

Re-Evaluating Section 230 in the Social Media Age

Presenter: Leyna Summers

Faculty Sponsor: Douglas Rice

School: UMass Amherst

Research Area: Law and Legal Studies

ABSTRACT

This thesis examines how the Internet is regulated in the United States and how the legal framework for Internet regulation has evolved in response to the modern digital age. The definitive Internet law in the U.S. is Section 230 of the Communications Decency Act, which grants internet service providers immunity from being legally responsible for third-party content hosted on their sites and for taking measures to screen objectionable content. Section 230 was passed in 1996 and has been instrumental in ensuring freedom of speech online, but since its passage several decades ago, the Internet has grown vastly in its capabilities and social impact. The rise of algorithm-based social media has precipitated issues on the Internet that could not have been anticipated at the time of Section 230’s creation. As a result, both case law and legislative proposals have reflected a desire to limit the scope of 230 and hold social media companies accountable. This thesis analyzes the legal history of Section 230 and the conflict between mitigating the spread of harmful content on social media and upholding free speech online. To buttress this analysis, I conduct a survey assessing public support for increased regulation of social media and its relation to free speech beliefs. Based on the findings, I conclude that modern social media sites have created both the circumstances and the means to weaken Section 230’s liability shield, though free speech concerns should still be considered.

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