What is the purpose of the Communications Decency Act?
The Communications Decency Act (CDA), also known as Section 230 of the Communications Act of 1934, was passed in order to protect freedom of expression in the digital age. This law is meant to both protect the rights of free speakers, such as publishers or bloggers, from being held liable for the content of third-party statements, and to protect the rights of those who choose to censor, or block, certain materials from their websites or platforms. The CDA does this in two ways. First, it provides immunity from civil liability for websites, blog operators, and social networking sites for any content that is created by a third-party user rather than the site operator. This immunity does not apply to illegal activities, such as copyright infringement or harassment. Second, the law enables website owners to voluntarily block or filter access to content that is considered to be “obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.” In addition, the CDA ensures that websites and other online services are given the same First Amendment protections when it comes to issues of censorship and libel that newspapers, television, and other traditional media outlets have been given. This means that website owners and Internet service providers can’t be held complacent to suits or criminal prosecution for content from third-party users and can’t be required to censor content that may be uncomfortable or offensive. Overall, the Communications Decency Act seeks to preserve the right to freedom of expression and to protect website operators, social networks, and other receivers of third-party content from being held liable for what their users post.
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