The Supreme Court Vs. The Internet
What would happen to Google and the internet if YouTube and therefore Google were liable for the content posted by its users? The content in question are videos created by the terrorist group ISIS that YouTube algorithmically recommends to other users. On February 21st there was a three-hour debate in the Supreme Court about whether YouTube should be held liable and sued over this issue.
Should the Court roll back a 27-year-old liability shield, it would allow all tech platforms to be sued over how they host and display user-generated content. This is being viewed as a pivotal case because it has the potential to affect our digital life.
The justices were hesitant to overturn or significantly narrow these legal protections, but the possibility remains, and it could reshape the internet we know.
In 1996, Section 230 of the Communications Decency Act was passed to foster and nurture the growth of the early internet. Congress created a special form of legal immunity so websites weren’t drowning in lawsuits before they had the chance to survive. Since then, online platforms have used Section 230 to stop user-generated lawsuits, arguing that they are not responsible for what gets posted on their site.
Given the increasing role of online platforms in the country’s political and economic affairs, policymakers have begun to question whether this shield should remain unchanged. Democrats argue that the law has given online platforms a way to turn a blind eye to hate speech and misinformation, which can have harmful effects om society. On the other hand, republicans argue that online platforms have used Section 230 to suppress conservative viewpoints and have called for the law to be changed to prevent this perceived bias.
Liability could also extend to individual users. If such a ruling were to occur, it could mean that any decision by an individual internet user to like, retweet, or share content could be considered a "recommendation" and could potentially trigger a viable lawsuit.
Overall, the Supreme Court's review of Section 230 could have significant implications for the future of the internet and the role of tech companies in moderating online content. It remains to be seen how the Court will ultimately rule and what impact its decision will have on the broader debate over online speech and expression.
