Document Type

Presentation

Date

3-8-2023

Event Name

Senate Judiciary Committee, Subcommittee Hearing

Abstract

Section 230(c)(1) was adopted for the purpose of distinguishing between conduct of third parties and conduct of internet companies themselves. Its familiar language provides that “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.” The last four words are central to the limitation on the defense created by the statute; it is only regarding information created by “another” that the defense may be available. Section 230(e)(3) makes clear that even a partial role played by an internet company in the creation of harmful material would fall outside the protections of the statute. Section 230(f)(3) defines the term “information content provider” as “any person or entity that is responsible, in whole or in part, for the creation or development of information provide through the Internet or any other interactive computer service.”

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