Trump threatens to 'close' down social media platforms

I think this is going to be a discussion thread that is almost inevitably going to be a shitshow, but anyway:

There are people who advocate the idea that private companies should be compelled to distribute hate speech, dangerously factually incorrect information and harassment under the concept that free speech is should be applied universally rather than just to government. I don't agree, I think it's a vast over-reach and almost unachievable to have both perfect free speech on these platforms and actually run them as a viable business.

But let's lay that aside, those people who make the argument claim to be adhering to an even stronger dedication to free speech. Surely, it's clear here that having the actual head of the US government threatening to shut down private companies for how they choose to manage their platforms is a far more disturbing and direct threat against free speech even in the narrowest sense.

I think it's even more concerning than that.

Threatening to shut down private companies -- not for limiting speech, not for refusing to distribute speech -- but for exercising their own right to free speech alongside the free speech of others (in this case the president).

There is no right to unchallenged or un-responded-to speech, regardless of how you interpret the right to free speech.

Attaching a disclaimer to the speech of another though is not straightforward. Will they get into the business of fact checking everyone over certain number of followers? Will they do it impartially world-wide? How can they even be impartial world wide given the different contradictory points of view, valid from both sides? Cyprus? What’s the take there?

As they move into a “publisher” role, they will be liable in count.

You're wrong. Stop spreading misinformation.

> 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" (47 U.S.C. § 230)

>You're wrong. Stop spreading misinformation.

Be a bit more tolerant of other people's point of view.

Anyway, I think you are misinterpreting the intention of that sentence. It basically means that, in principle, the behavior of being a "provider or user of an interactive computer service" does not imply that it is "the publisher or speaker of any information provided [...]". But that does not exempt them from potentially being the actual publisher, and all the rights/obligations that go with it.

Trivial example: Someone publishing its work on the web (hence becoming a "user of an interactive computer service") does not imply that they lose copyright; even though they "shall [not] be treated as the publisher or speaker of any information provided [...]".

Again, IANAL, but I read a lot of copyright, safe harbor law, DCMAs, etc... and it goes like that.

> Be a bit more tolerant of other people's point of view.

Why would I tolerate a blatant falsehood?

> that does not exempt them from being the actual publisher, and all the rights/obligations that go with it.

With respect, you're totally misinformed. Social media websites do not fall under any kind of "publisher" obligation, this is a totally made up meme that people spread online.

Now, if you want to argue that we should change the laws so that these websites would fall under some kind of publisher obligations, I would disagree, but that would at least allow room for "tolerance of other people's point of view". However, in terms of the actual law you and the parent are unequivocally incorrect.

>Social media websites do not fall under any kind of "publisher" obligation

No one said they did. But also Section 230 does not imply that they're exempt of that, in the case they become such a thing. And remember that those rights/obligations are acquired the moment they are exercised.

Consider the following:

Twitter (the platform), on its official twitter account (on their own platform) decides to publish something which has legal repercussions. Are they exempt of them because of that statement on Section 230? No, not at all.

> Twitter (the platform), on its official twitter account (on their own platform) decides to publish something which has legal repercussions. Are they exempt of them because of that statement on Section 230? No, not at all.

No, not at all, because Section 230 has nothing to say about the scenario you are describing.

> 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 your scenario Twitter is the provider of the information, so naturally they are liable for the legal repercussions of posting that information. Everyone already understands how this works intuitively, obviously when something illegal or otherwise legally significant is posted to the internet there isn't even a question of whether or not the posting platform is legally responsible for it as long as they are perceived to be taking reasonable steps to remove the offending content. If the site operators are posting the questionable content directly then obviously they are liable.

That's not what we're talking about though, we're discussing twitter having labled Trump's tweet as misinformation. I guess you're suggesting that twitter is the "publisher" of that warning and thus they are legally responsible for it, which is true, but there is nothing illegal about what they published so the hypothetical is moot.

You got the point!

Meaning that the statement by eanzenberg:

>"As they move into a “publisher” role, they will be liable in count (sic)."

Is not wrong. At least not over what concerns Section 230.

To paraphrase and summarize the whole discussion:

"As they move into a “publisher” role, Section 230 will not exempt them from what they do."