Answer :
Final answer:
Section 230 of the Communications Decency Act protects online platforms from being held legally accountable for the content posted by their users. Despite its intent to balance freedom of speech with control over illegal or harmful content, it was declared unconstitutional for being overly restrictive and ambiguous in defining 'indecent' content.
Explanation:
Section 230 of the Communications Decency Act (CDA) passed in 1995, largely shields online platforms from liability for content posted by their users. It was designed to balance the need for freedom of speech with the need to address illegal activities or harmful content. This law meant that platforms could moderate content without being treated as if they were the publisher of all content on their site.
However, it faced challenges on the grounds of constitutionality. In Reno v. American Civil Liberties Union, the Supreme Court declared the CDA unconstitutional, citing three primary reasons. Firstly, it was not content-neutral as it explicitly singled out certain indecent material. Secondly, the law was too vague with ambiguous definitions of 'indecent', causing a chilling effect which suppressed constitutionally protected speech. Lastly, using it as a criminal act to prevent minors from viewing indecent material was found excessive when less drastic measures could have been encouraged, such as web site rating systems or filtering software.
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Section 230, which shields online platforms from legal action based on content from third parties, is a crucial component of that legal framework.
In accordance with Section 230 of the legislations , no user or provider of an interactive computer service shall be deemed the publisher or speaker of any information provided by another information content source (47 U.S.C. 230). In other words, internet intermediaries that host or republish speech are exempt from a number of regulations that may otherwise be used to hold them legally responsible for what others say and do.
The term "interactive computer service providers" broadly refers to any online service that disseminates third-party material, as well as traditional Internet Service Providers (ISPs), making up the protected intermediaries.
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