Shoot the Messenger: Why Section 230 Does Not Shield Suggestive Content Delivery
Internet companies have frequently relied on Section 230 of the Communications Decency Act of 1996 to avoid liability for third-party content hosted on their platforms. Undoubtedly, many aspects of the internet would be unrecognizable without Section 230, as it has played a major role in allowing free-flowing public expression. Internet companies would have struggled to grow their platforms if they could be held liable for defamatory statements made by others. However, over time, companies began to take advantage of the broad cover of Section 230 in circumstances outside the statute’s original scope. One example is Section 230’s application to recommendation algorithms.