Section 230 of the Communications Decency Act (“CDA”) immunizes social media platforms, like Facebook, from liability of third party content. In other words, Facebook can’t be held liable for defamatory or offensive content posted by its users. In many ways, this is dangerous to the public, as Facebook has been accused of directly contributing to the January 6, 2021 Capitol riot by relaxing its security safeguards too soon after the 2020 presidential election. Evidence indicates that “numerous Facebook groups and accounts, public and private, were used to help organize the protest.”
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 17, 2021. The original post can be accessed via the Archived Link button above.
Muraca, Caitlin, "The Hypocrisy of Facebook: Facebook’s Failure to Comply with Their Own Proposal" (2021). AELJ Blog. 304.