Recently, our posts have discussed the rising call to reform Section 230 of the federal 1996 Communications Decency Act. Now, a controversial Florida Bill provides an opportunity for the Supreme Court to take up social media regulation on First Amendment grounds, potentially avoiding Section 230 reform.
Justice Thomas suggests social media regulation may be close
In December 2021, our post Increased Likelihood of US Social Media Regulation discussed the rising momentum to reform Section 230 of the 1996 Communications Decency Act, which is often used to protect social media giants from liability for content posted on their platforms by third parties. Recently, U.S. Supreme Court Justice Clarence Thomas expressed displeasure over the lack of guidance surrounding Section 230’s scope and hinted that reform may be close.
Australia takes the international lead in social media regulation
In December 2021, our post “Increased likelihood of US social media regulation” discussed Facebook whistleblower Frances Haugen and her call to hold social media platforms accountable for the potentially dangerous content that appears on their sites.
In February 2022, Haugen once again flagged Facebook’s algorithms as potentially harmful, but this time Haugen was speaking outside of the United States, to the Australian Parliament’s Select Committee on Social Media and Online Safety (the “Committee”).