Summary
Online platforms that allow users to post content face legal implications when moderating content, as outlined in the Communications Decency Act (CDA) and antitrust law.
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Unilateral content moderation is protected under the CDA, but the U.S. Supreme Court has recently ruled that platforms cannot sue for deceptive business practices, tortious interference with business and contractual relations, and false advertising under the Lanham Act.
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This suggests that content moderation policies and practices may be subject to change in the future.
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Summary
This article explores the legal implications of content moderation policies and practices under the Communications Decency Act, or CDA, and antitrust law. It considers unilateral content moderation decisions, followed by potential concerted conduct across platforms, and examines the current state of the law on the issue. It also looks at the potential for competition between platforms, such as Google, Facebook, and Apple, and looks at the potential for a new approach to the law.
The Law on Online Content Moderation and Where It's Headed
jdsupra.com
content moderation aligns with free speech concerns and its effect on users. While large media companies like Facebook tout the fact that they have brought on legal experts and heads…
Fordham Law Review - Fordham University
fordham.edu
Summary
Online platforms that allow users to post content face a constant choice: to remove or to not remove, to police or not to police. This article explores the legal implications of content moderation policies and practices under the Communications Decency Act, or CDA, and antitrust law. Unilateral content moderation enjoys broad protection, but there are calls for change, as the U.S. Supreme Court has recently ruled that platforms cannot sue for deceptive business practices, tortious interference with business and contractual relations, and false advertising under the Lanham Act.
The Law on Online Content Moderation and Where It's Headed
proskauer.com
The so-called Ending Support for Internet Censorship Act would require companies exceeding a certain amount of users or a certain threshold of annual revenue to get a certification from the…
The Thorny Problem of Content Moderation and Bias
cdt.org
