What’s the best way to handle online content moderation?

There’s a new sheriff in charge of Twitter: Elon Musk. And so far into his inaugural term, content moderation decisions on the platform are looking a lot different.

Since taking over, Musk has:

• Laid off an undisclosed number of content moderators.
• Reinstated over 12,000 previously-banned accounts (including Kanye, who was re-banned on Friday).
• Facilitated the release of “The Twitter Files,” which provide insight into the company’s internal moderation decisions.

And like flint hitting steel, these moves have reignited debate among congressional lawmakers over Section 230, a law that gives broad legal protections to websites hosting user-generated content.

🤔 What is Section 230?… Section 230 of the 1996 Communications Decency Act is one of the most important laws governing how the Internet works in America today. In fact, many experts argue that it’s laid the groundwork for current online giants – Google, Facebook, Twitter, Yelp, TikTok, Reddit, etc. – to thrive.

Essentially, Section 230 means two things: 1) websites can’t be sued for libel or defamation in regards to users’ posts, and 2) websites can moderate themselves by removing posts – as long as they’re acting in “good faith.”

• For example: if a Twitter user claims Dwayne “The Rock” Johnson skips leg day, Twitter itself can’t be sued for libel/defamation – only the post’s original author can.
• Twitter also can’t be sued if it decides to remove that user’s post in “good faith” (as decided by a judge, if it comes to that).

📊 Flash poll: In your opinion, what’s the best way for society to handle online content moderation? (Click a link below to record your vote. Results and the best longform responses will be featured in tomorrow's newsletter.)

• Have the 1st Amendment apply to social media sites
• Hold tech companies legally liable for extremist content (e.g., hate speech/misinformation)
• Do nothing, Section 230 works fine as it is
• Create an independent, third-party judiciary to oversee moderation disputes, similar to real-life
• Other/unsure