Santa Clara University School of Law professor Eric Goldman was quoted in an article published by The Economist. The article, Internet firms’ legal immunity is under threat, examines how online firms such as Google, Facebook, and others are considered legally immune from content posted by users. However, recent actions by governments and courts are challenging that immunity at an accelerating rate.
To shield firms against potentially ruinous suits, as well as to protect free speech online, Congress in 1996 added a section to a law that otherwise focused on the more headline-grabbing topic of obscene material online: the Communications Decency Act (CDA). This section, now known by its number, 230, immunised online firms for torts committed through their services. Soon afterwards the European Union created a similar safe-harbour rule in its own e-commerce directive of 2000. . . .
Section 230 of the CDA is under pressure, too. True, the Supreme Court recently refused to revive an unsuccessful lawsuit against Backpage, an American site for classified ads with a popular adult section, which had been accused of facilitating forced prostitution. But last year saw a “swarm” of adverse Section 230 rulings, says Eric Goldman of the Santa Clara University School of Law.
