Senator Hawley to Propose Amendments to Section 230 of the Communications Decency Act

According to news reports, Senator Josh Hawley (R-MO) is planning to introduce a bill to amend Section 230 of the Communications Decency Act later this week. Section 230 provides online platforms with a broad immunity from civil liability for all third-party content they publish – including from claims of defamation, invasion of privacy, and misappropriation. Originally adopted in 1996 to protect startups operating in the nascent online ecosystem, Section 230 has recently become controversial due to its central role in facilitating various online harms, ranging from illegal opioid sales to hate speech and foreign election meddling. At the same time, the recently negotiated United States-Mexico-Canada Agreement (USMCA) would enshrine Section 230 in an international agreement for the first time, making any changes to it domestically more sensitive. Senator Hawley’s proposal would reportedly result in certain tech companies being treated as publishers, thereby making them more responsible for the content they publish. Read more about Senator Hawley’s proposal here.

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