Sen. Hawley introduces bill to remove Big Tech's Section 230 ad immunity
Hawley also accused tech giants of tracking users without their consent to profit off ads
FCC Commissioner Brendan Carr argues there is a growing and bipartisan consensus to reform Section 230 of the Communications Decency Act, which is in the spotlight after Google allegedly targeted conservative websites ZeroHedge and the Federalist.
Sen. Josh Hawley, R-Mo., on Tuesday introduced a bill that would remove Section 230 protections for Big Tech companies that "display manipulative, behavioral ads or provide data to be used for them."
Section 230 of the 1996 Communications Decency Act ensures internet platforms and social media websites are not held liable for content published by third-party users, which include advertisers.
"Big Tech’s manipulative advertising regime comes with a massive hidden price tag for consumers while providing almost no return to anyone but themselves," Hawley said in a Tuesday statement. "From privacy violations to harming children to suppression of speech, the ramifications are very real."
He added that the manipulative ads seen on social media and other platforms "are not what Congress had in mind when passing Section 230, and now is the time to put a stop to this abuse."
SHOULD SECTION 230 BE REVISED?
One example when a website used Section 230 to defend its role in publishing problematic ads to its platform is a 2015 lawsuit brought against Backpage owner Village Voice Media Holdings. The suit titled J.S. v. Village Voice alleges that Backpage.com posted advertisements that resulted in the sexual abuse of three underaged girls.
"J.S. allegedly was raped multiple times by adult customers who responded to the advertisements. J.S. filed a complaint alleging state law claims for damages against Backpage ... asserting claims for negligence, outrage, sexual exploitation of children, ratification/vicarious liability, unjust enrichment" and more, the case opinion from a Washington state court reads.
WHAT IF SECTION 230 IS REVOKED?
Backpage tried to dismiss claims in the trial court on the grounds of Section 230 immunity, but the court denied the move, giving the plaintiffs an opportunity to prove that Backpage helped develop the ads and was therefore subject to liability. The plaintiffs reached a settlement with Backpage.com in October 2017.
A person working on a laptop in North Andover, Mass. (AP Photo/Elise Amendola, File)
Hawley, a staunch critic of Big Tech and social media companies, also accused tech giants, in a press release announcing the proposed legislation, like Facebook and Google of tracking users without their consent for the purpose of profiting off ads
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Section 230 has sparked debate recently along party lines; some Democrats believe the law offers unjust protections to platforms that allow third-party users, including President Trump, to post problematic or harmful content, while some Republicans argue that the law protects social media companies that they allege actively seek to suppress certain political viewpoints or users.
Hawley, for example, introduced another Section 230-related bill in June that would require internet platforms to "submit to an external audit that proves by clear and convincing evidence that their algorithms and content-removal practices are politically neutral," according to a release.