The US Department of Justice tabled a bill in Congress on Wednesday to reform the social media liability regime.
In the name of section 230 of the Communications Decency Act, passed in 1996 and considered the cornerstone of the internet, platforms cannot be sued for content posted by their users.
“The Internet has changed since 1996, and these platforms are no longer just forums,”
writes Justice Minister William Barr.
His bill, the fruit of many months of work, responds to Donald Trump's wish to make social networks lose part of their judicial immunity.
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Fight illegal content
The reform revolves around two axes.
First of all, encourage social networks to fight illegal content.
They will be held responsible for the hosting of texts, sounds, photos, videos relating to child pornography, terrorism and cyberstalking.
This will allow victims to take legal action if their requests to remove this content go unanswered.
Immunity also jumps if the platforms do not knowingly and voluntarily remove criminal content.
Prevent social networks from hiding behind Article 230 when they censor lawful comments in bad faith.
William barr
Another strong focus of the bill:
"prevent social networks from taking cover behind Article 230 when they censor in bad faith lawful remarks",
writes William Barr.
This point echoes a recurring criticism from the Republican camp: social networks are biased and seek to silence the views of conservatives.
The platforms will be considered in good faith if the content they remove violates their terms of use.
These should be detailed and easy to understand.
And withdrawals must be justified, with reference to these conditions of use.
Republicans and Democrats alike agree that social media needs to be made more accountable.
Nevertheless, the bill is unlikely to be successful before the election.
It should fall to the next Congress.