Congress Must Protect Section 230, the Cornerstone of the Internet
INCOMPAS and its members believe in the importance of online competition, innovation, and investment. In the U.S., we currently have a diverse internet ecosystem that allows companies to compete based on the content that they offer. Because Section 230 provides some legal immunity to online platforms, websites, and other providers of third-party content posted online, we have seen a diverse array of content and services online, and the offering of new competitive services that are competing against one another and traditional content providers. This has led to better services for consumers across every economic sector, as well as more informed consumers who often rely on the third-party content that Section 230 protects, such as by posting and reading online reviews.
When Congress passed the Communications Decency Act, lawmakers explicitly designed key provisions inside the bill — including Section 230 — to balance the First Amendment rights of internet users with the need to create a safe online experience for Americans. And today, Section 230 has become the backbone of the internet as we know it. However, some lawmakers have advocated for changes to Section 230 that risk limiting free expression and harming the online economy, stifling competition, and ultimately leaving consumers worse off. As the House Energy and Commerce Committee gathers today to discuss potentially making changes to Section 230, it is essential for members of Congress to affirm their commitment to a safe and open internet and to the law that helps make that possible.
Importantly, Section 230 provides legal and regulatory certainty for websites and online businesses by ensuring that they will not be held liable for user-generated content. Section 230 supports free speech online by enabling websites to host a wide range of information and voices offering different points of view. At the same time, Section 230 gives websites the ability to take down dangerous content, including scams, malware, and fraud. This delicate balance allows online users to contribute to online discourse while allowing consumers to safely access websites that sell online goods, provide useful services, or share helpful information.
These protections play an essential role in supporting businesses of all sizes in multiple industries. Section 230 protections are responsible for the rapid growth in the online economy over the years, which has contributed to creating millions of American jobs, innovative new ideas, and trillions of dollars in economic growth. Because of Section 230, leading American companies can offer popular online products and services to consumers, entrepreneurs have the space they need to create and develop new technologies, and small businesses have the ability to connect with consumers from around the globe.
Harmful changes to Section 230 risk breaking the internet as we know it. Companies that can afford the vast resources required to comply with Section 230 changes would be forced to over-moderate online content, taking away valuable resources and information from internet users. Meanwhile, businesses and websites unable to comply with Section 230 changes would have to shut down their services altogether. Ultimately, this would leave consumers with fewer choices, stifle innovation, and hurt the U.S. economy.
Section 230 has become the cornerstone of the internet’s infrastructure, enabling a vibrant online economy and facilitating the free exchange of ideas. Ultimately, it’s essential for leaders in Congress to understand the significance of Section 230 and why it must be protected.
