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 If Section 230 immunity was revoked, the allegedly defamed individual could sue Twitter directly for these tweets, rather than only having a cause of action against the individual user.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.
Doll, Jordan, "Section 230 Immunity and Being Cancelled: A Cause of Action Against Twitter" (2021). AELJ Blog. 292.