DOJ recommends reforms updating legal immunity for online platforms News
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DOJ recommends reforms updating legal immunity for online platforms

The US Department of Justice (DOJ) released a statement on Wednesday recommending reforms that would diminish the immunity that protects online platforms from liability for third party content.

Currently, online platforms are protected from liability for third party content by Section 230 of the Communications Decency Act of 1996. Protections were originally intended to aid in the development of online businesses. According to findings by the DOJ, the protections have outlived their purpose and expansive statutory interpretation has left online platforms unaccountable for harm caused by content on their websites. These findings follow an investigation that came in response to bipartisan concerns.

The reforms recommended by the DOJ include incentivizing platforms to address illicit content, promoting transparency, clarifying government enforcement capabilities and promoting competition. To address illicit content, the DOJ recommended creating means of singling out platforms that facilitate, solicit or are willfully blind to content that violates federal criminal law. It further recommends creating a means of punishing platforms that do not address such content in a reasonable amount of time or do not take appropriate action following a court order. To encourage competition, the DOJ recommended clarification that Section 230 immunity does not cover federal antitrust claims.

While the recommendations come following President Trump’s conflict with Twitter, they will likely have some bipartisan support.