In 2017, Google was sued by the family of Nohemi Gonzalez, a 26-year-old American student studying abroad, who was tragically murdered in the 2015 ISIS Paris attacks that killed 130 innocent people. The terrorists used Google’s YouTube service to actively recruit, plan, incite, and even give instructions for the terror attacks. Incredibly, Google conceded all of these facts but argued — successfully — that it should not be held liable because of protections provided to social media companies under The Communications Decency Act (47 USC 230 or “Section 230”).
The court agreed with Google, finding that it was protected under Section 230, as it was not the “publisher” and didn’t create or contribute to the harmful material disseminated. While controversial, Section 230 is clear: an “internet service provider” such as a social media company, is not required to moderate content and cannot be held liable for 3rd parties who post legally problematic or even dangerous material. In other words, social media companies are permitted to simply be loudspeakers, telephones, headphones, and public squares. They may exist solely to deliver other people’s content without interference and without fear of legal action.
.png)
.png)
