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Section 230 immunity of the Communications Decency Act (“CDA”) shields internet service providers from liability for the content posted on their sites by third-party users in almost all instances. One such instance is libelous tweets, meaning Twitter cannot be sued when a user tweets something defamatory. If Section 230 immunity was revoked, the allegedly defamed individual could sue Twitter directly for these tweets, rather than only having a cause of action against the individual user. Removal of Section 230 immunity provides a hypothetical remedy against the platform itself when someone is defamed online.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on August 30, 2021. The original post can be accessed via the Archived Link button above.

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