Article · Technology

Who Is Responsible for What You Post: How Platform Liability Actually Works

47 U.S.C. § 230

Type
Article
Jurisdiction
National
Date
2025-05-26
Topic
Technology

Almost everything people believe about platform liability is wrong in one of two directions: either platforms are immune from everything, or they are responsible for everything users post. This article explains what the law actually says. It starts with the twenty-six words of Section 230, what they cover, and the four significant things they do not. It explains why the statute protects moderation as much as it protects hosting, and why removing content and leaving it up are both protected choices. It covers the separate copyright system with its own takedown and counter-notice procedure, which people constantly confuse with Section 230. Later parts address getting content removed, restoring a terminated account, unmasking an anonymous poster, what happens when a government official pressures a platform, and the recent decisions on algorithmic recommendation and state laws regulating moderation. Worked examples show how each path actually plays out, and the article closes with what to do first depending on what you want.

Who Is Responsible for What You Post: How Platform Liability Actually Works

Technology > Platform Liability and Content Moderation | Published 26 May 2025 - Updated 14 May 2026 | UpLaw - uplaw.us


Twenty-six words

Here is the provision that shapes the entire American internet, at 47 U.S.C. § 230:

The full text of this document is available to Executive subscribers and above. See plans.