[20190606]LSB10306_内容主机责任：《通信礼仪法》第230节概述.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Liability for Content Hosts: An Overview of the Communication Decency Acts Section 230 June 6, 2019 Section 230 of the Communications Act of 1934, enacted as part of the Communications Decency Act of 1996 (CDA), broadly protects online service providers like social media companies from being held liable for transmitting or taking down user-generated content. In part because of this broad immunity, social media platforms and other online content hosts have largely operated without outside regulation, resulting in a mostly self-policing industry. However, while the immunity created by Section 230 is significant, it is not absolute. For example, courts have said that if a service provider “passively displays content that is created entirely by third parties,” Section 230 immunity will apply; but if the service provider helps to develop the problematic content, it may be subject to liability. Commentators and regulators have questioned in recent years whether Section 230 goes too far in immunizing service providers. In 2018, Congress created a new exception to Section 230 in the Allow States