Section 230 Repeal Collateral Damage
Section 230 of the Communications Decency Act shields platforms from liability for user-generated content. Critics from both political sides want it repealed or reformed — the left says it enables hate speech and misinformation, the right says it enables censorship. But Section 230 doesn't just protect Big Tech. It protects every website with a comment section, every forum, every review site, every small social platform. Repealing it wouldn't hurt Facebook — they can afford lawyers. It would kill the open internet.
What people believe
“Repealing Section 230 will hold platforms accountable for harmful content and improve the internet.”
| Metric | Before | After | Delta |
|---|---|---|---|
| Websites hosting user content | Millions | Thousands (only those who can afford legal risk) | -99% |
| New social platform launches | Hundreds/year | Near zero | -95% |
| Big Tech market share | High | Higher — competitors eliminated | +10-20% |
| Legitimate speech removed preemptively | Some | Massive increase | +500% |
Don't If
- •You believe repealing 230 will primarily affect Big Tech — it won't
- •You haven't modeled the impact on small websites, forums, and review platforms
If You Must
- 1.Reform narrowly — target specific harms (CSAM, terrorism) rather than broad repeal
- 2.Include safe harbors for good-faith moderation efforts
- 3.Exempt small platforms below a user threshold from new liability
- 4.Require transparency reports rather than imposing content liability
Alternatives
- Transparency requirements — Require platforms to disclose moderation policies and enforcement data — accountability without liability
- Duty of care framework — Require reasonable efforts to address known harms without making platforms liable for all user content
- Algorithmic accountability — Hold platforms responsible for what they amplify, not what users post
This analysis is wrong if:
- Repealing Section 230 reduces harmful content online without reducing legitimate speech or small platform viability
- Small websites and forums can afford the legal costs of content liability without Section 230 protection
- Big Tech market share decreases after Section 230 repeal as new competitors emerge
- 1.EFF: Section 230 of the CDA
Comprehensive analysis of how Section 230 enables the open internet beyond just Big Tech
- 2.Techdirt: Section 230 Case Studies
Detailed analysis of how 230 protects small websites, not just large platforms
- 3.Brookings: Section 230 Reform Proposals
Analysis of various reform proposals and their likely second-order effects
- 4.Stanford CIS: Internet Intermediary Liability
Research on how intermediary liability regimes affect innovation and speech across jurisdictions
This is a mirror — it shows what's already true.
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