7. Section 230: Ongoing Debates on the “Safe Harbor” Provision

This chapter explores the regulation of social media from the perspective of the United States, focusing on Section 230 of the Communications Decency Act. It examines the significant role social media plays in free speech and democratic discourse, particularly during widespread movements and elections. The study delves into the legal challenges of regulating social media content, emphasizing Section 230 while analyzing issues related to protecting free speech and achieving consistent content moderation both in the United States and globally. It proposes an “interpretational shift” in judicial approaches to Section 230 cases and addresses the risks of amending the section. Additionally, the chapter suggests that any amendments to the “safe harbor” provision should include clear standards to safeguard free speech online.