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Saturday, Nov. 21, 2020

Could the government require social media platforms to be politically neutral?

Christopher Hutton, Gigafact
no

Any effort to require an internet platform such as Facebook or YouTube to take a political stance—neutral or otherwise—would run afoul of First Amendment protections afforded a platform as a private entity.

The Justice Department in September proposed a set of revisions to section 230 of the 1996 Communications Decency Act, which gives general legal immunity to internet platforms when they distribute content from users or other sources. Attorney General William Barr said the changes would help hold online platforms accountable "when they unlawfully censor speech."

The department says its proposed changes would ensure that the platforms are "fairer to the public when removing lawful speech from their services." It does not propose any requirement for neutrality. At present, providers set their own terms for removing speech, agreed to by users.

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