- Apr 20, 2006
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These electronic PLATFORMS are protected by congressionally made laws from lawsuits because of a unique arrangement.
They are to be PLATFORMS and NOT PUBLISHERS.
This is a key distinction...the individuals themselves publishing under their own name are to be held responsible for the things they publish.
IOW if Tom Gephardt says something that Nancy finds so offensive that it is libel...she can sue Tom for publishing it. She cannot sue the platform he used. The platform is supposed to just be a piece of paper and mail service all rolled into one.
You can't sue the postman or the paper in the envelope.
These Social Media giants then had an agreement that they were going to remove things posted that violated "Common Decency" standards. (They are different in every nation)
Meaning that adult materials could not be viewed by children...nor would offensive/illegal activities be promoted. (Nude/inappropriate contentographic materials on instagram or child inappropriate contentography anywhere)
Soliciting for murder or narcotics would be prohibited.
Basic community standards would be upheld so that Nancy could show pictures of the nice dinner she had the maid cook for her.
What has happened now is something that isn't unique...but just stupidity of "following the leader off a cliff".
One of these platforms (facebook) has decided to become an editor and because of this has stopped being a platform and become a publisher of ALL materials.
When you edit political rhetoric or innocuous religious speech...even de-monetizing their website... you are now a publisher. Those congressional protections will no longer apply.
And the LAWSUITS have begun. Make no mistake about it.
If the Big Four are dumb enough to take this to SCOTUS...it still isn't going to work. They are going to have to give these people enough money that it's going to hurt ALOT.
Fred Gagnon is going to be filthy rich afterwards...and because of who he is probably not stop blogging and writing. Might even become more "shocking" just for the fun of it.
Grandma will also be allowed to post her nudist day picnic photos. (Fleas come with the dog) and the white supremacists will get to spew their sewage.
And everyone will sigh and say "Remember the good old days?"
This is why Section 230 needs to be repealed
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