Twitter (And Other Social Media) Need Guardrails

The following is part of a post by Robert Reich about social media needing guardrails. I think he is right.

Now that Elon has total control over one of the major ways Americans find out what’s happening (I know, I know -- Twitter is vapid and filled with smears and jeers, but it has a hugely important role in shaping the news), what can be done to establish guardrails against dangerous lies? It seems likely that Musk will take down the few guardrails that remain on Twitter — but some guardrails are surely needed to prevent malicious harassment or dangerous instigation of violence. Twitter (like Zuckerberg’s Facebook and Instagram) is more like a public utility than a private company. It has public functions and no direct competitors. 

What to do?

Much of the answer boils down to making Twitter (and Facebook and Instagram) more responsible for what users say on its platform – just as any other publisher is responsible. In every other dimension of public life, tort laws allow people who are defamed, harassed, or otherwise injured by malicious or hateful speech to sue. There’s a high bar: plaintiffs must establish that the publisher knew or had reason to know that the published material was false and injurious. But the mere possibility of being sued causes publishers to take at least a modicum of responsibility.

In 1996, Congress enacted Section 230 of the Communications Decency Act — shielding website owners from liability by decreeing that they shouldn’t be treated as a “publisher.” But back then Congress could not possibly have foreseen what would happen over the next quarter century: giant firms like Twitter and Facebook making huge amounts of money by posting incendiary content that attracts lots of eyeballs and gives them mountains of user data that they then monetize — even if the content encourages political violence, riots, or gang shootings.

I’ve been talking for some time about the various ways the rich and powerful in our society shield themselves from accountability. I’m well aware of arguments on the other side of this issue (and will share them with you), but I’ve come to the conclusion that Congress should repeal Section 230. Doing so would be one step toward restoring accountability.