Why ‘Section 230’ Is Nub of Fights Over Online Speech

In 1996, when the internet was still unexplored territory for most Americans, the U.S. Congress passed a law that included a provision intended to protect free speech online. Twenty-five years later, that provision, Section 230, is seen as crucial to the business models of some of the world’s most valuable companies, including Facebook Inc. and Alphabet Inc.’s Google. It’s also being described as a key factor in the ever-deepening swamp of harassment, toxic behavior and misinformation on social media. President Donald Trump failed in his attempts to eliminate or narrow Section 230. Now it’s an issue for his successor, Joe Biden.

A small but powerful part of the Communications Decency Act, it was originally marketed by its bipartisan sponsors as a “Good Samaritan” law for the internet. Its two key provisions: (a) shield internet companies from liability for most of the material their users post and (b) give the companies legal immunity concerning “any action voluntarily taken in good faith” to remove materials from their platforms.