Edited by Rohith Raman, Nyssa Galatas, Gabriel Hentschel
Abstract
Section 230 of the Communications Decency Act once nurtured online innovation by shielding platforms from liability for user‑generated content. Today, that broad immunity lets social‑media companies monetize harmful speech while evading accountability. This Article argues that modern platforms—no longer passive hosts but active curators whose algorithms amplify content—fall outside the rationale of the original safe harbor. Tracing the statutory evolution of Section 230, key judicial interpretations, constitutional theory, and recent empirical research, it advances a recalibrated framework that distinguishes passive hosting from algorithmic promotion. The proposed statutory amendment would impose conditional liability when a platform’s recommendation engine materially contributes to misinformation or other harms, operationalized through a four‑factor Platform Algorithmic Responsibility Test. The reform preserves core values of free expression and innovation while ensuring that platforms bear responsibility for the societal costs their algorithms create.
