Section 230 of the Communications Decency Act (47 U.S.C. § 230) provides internet platforms with immunity from civil liability for content posted by their users. This immunity has historically been cited as a reason platforms could not be held legally responsible for hosting NCII. Recent legislation fundamentally changes this by creating affirmative platform obligations regarding NCII, platforms that fail to comply with specific notices face direct liability that is not covered by Section 230 immunity.

Key facts about this term

  1. Understand what Section 230 protects Section 230 protects platforms from being treated as the publisher or speaker of user-posted content. It does not protect platforms from their own affirmative legal obligations.
  2. Understand the new legislation exception Recent legislation creates a direct legal obligation for platforms to act on NCII upon receiving a compliant notice. Failure to comply creates direct liability not covered by Section 230.
  3. Use specific notices to bypass Section 230 limitations A formal notice creates obligations that Section 230 does not shield. ScanErase's notices are specifically designed to trigger these obligations.

Frequently asked questions

Did Section 230 previously allow platforms to refuse NCII removal requests?

Platforms often cited Section 230 as a basis for declining to act on NCII requests under their own policies. Recent legislation created a mandatory obligation that supersedes any Section 230-based refusal.

Does Section 230 protect platforms from all NCII-related claims?

Section 230 protects platforms from civil claims based on user content. It does not protect platforms from their own regulatory and legal obligations, including the compliance with recent legislation.

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