Section 230 and the Right to Remove Vaccine Misinformation

Authors

• Michael A. Cheah, University of Miami Law School

Abstract

Recognizing its clear propensity to cause serious public harm, many online platforms have restricted vaccine misinformation. This essay argues that these platforms are protected from liability when they remove such content under Section 230 of the Communications Decency Act. The essay conducts a textual and policy-based analysis of the "publisher" immunity conferred by Section 230(c) (1) and the immunity for restricting objectionable materials under Section 230(c)(2) and concludes that both protect the removal of vaccine misinformation. The essay further argues that repealing Section 230 will not encourage platforms to combat vaccine misinformation as some policymakers have suggested. That is because there is no liability for publishing vaccine misinformation whereas platforms have been sued for having removed it. Thus, a repeal of Section 230 would likely discourage private efforts to remove of vaccine misinformation.

Disciplines

Communications Law | Entertainment, Arts, and Sports Law | First Amendment | Human Rights Law | Law | Science and Technology Law

Recommended Citation

Michael A. Cheah, Section 230 and the Right to Remove Vaccine Misinformation, 40 Cardozo Arts & Ent. L.J. 477 (2022).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol40/iss2/9