R Street Institute
R Sheets Online Content Policy

R Sheet On Online Content Policy

by Jeffrey Westling AND Mike Godwin
May 2, 2019
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Authors

Jeffrey Westling
Former Resident Fellow, Technology & Innovation
Mike Godwin
Former Distinguished Senior Fellow, Technology & Innovation

Key Points

The internet allows for unprecedented connectivity between users across the globe.

Regulations imposed upon platforms to limit harmful speech, such as “fake news,” or to placate worries about political biases can cause significant harm without adding noticeable benefits.

Lawmakers should consider the four general principles discussed herein before taking steps to regulate the methods platforms use to moderate content.

Taking these into account, regulators can work with platforms and content generators to develop a framework that facilitates online discussion while limiting the potential harm it can inflict.

BACKGROUND

The Internet has allowed for an unprecedented level of connectivity across the globe. Accordingly, online platforms that harness this connectivity and facilitate communication between users now play a vital role in how society functions and expresses political ideas.

But, some critics argue that, at its worst, this constant connection can isolate like-minded users in echo chambers and make them frighteningly vulnerable to manipulation. As a result, the role that online platforms should take in overseeing these interactions has sprung to the forefront of policy discussions.

Today’s landscape of online content law is complex and nuanced. Section 230 of the Communications Decency Act, which largely immunizes platforms from liability for content posted by users, is an important safe harbor that encourages the development of innovative online services, including platform-curated services. Nevertheless, it has been criticized for giving platforms too little incentive to prevent the spread of harmful content. Similarly, while Section 512 of the Digital Millennium Copyright Act aimed to balance the interests of online platforms and copyright owners by devising procedures for removing pirated content, that law has also been criticized both for going too far and not far enough. As the Internet becomes even more ubiquitous, this tug-of-war regarding First Amendment freedoms will almost surely intensify.

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