Supreme Court ruling could shake the internet economy

These cases challenge Section 230 of the Communications Decency Act. It shields social media companies against content users post on their platforms. They are not liable for any harmful content posted by users. But the Supreme Court has taken up two major Section 230 cases against Google and Twitter. They allege these platforms of facilitating terrorist propaganda. The first case is an appeal by the family of Nohemi Gonzalez, a 23-year-old American citizen killed in an ISIS attack in Paris in 2015. The family alleges that YouTube, a subsidiary of Google’s parent company Alphabet, provided ISIS with an algorithmic lift to spread videos inciting violence. Its recommendation algorithm helped the terrorist organization to find and recruit potential supporters of their violent acts. YouTube continued recommending such harmful videos to users despite recognizing that they are showing active interest in violence. The other case is a similar appeal against Twitter, Google, and Meta. It is filed by the family of Nawras Alassaf, a victim of another ISIS attack at a nightclub in Istanbul in 2017. This case also alleges these companies of facilitating terrorist propaganda by allowing them to share and spread materials inciting violence. These platforms were the vehicle of choice for the attackers to communicate and hatch the plot for the attack that killed Mr. Nawras five years back. Of course, the social media giants do not agree. Their lawyers have stated that they regularly filter and remove content that incites violence. They also deny any link between their platforms and the Paris and Istanbul attacks. But the matter has now reached the Supreme Court and an unfavorable ruling could change the face of the internet forever.

There are more similar cases against Section 230

These aren’t the only cases challenging Section 230. In January this year, Angela Underwood Jacobs, sister of Dave Patrick Underwood who was shot and killed by two men outside a federal building in May 2020,  filed a similar case against Meta. The two attackers connected through Facebook where they shared an interest in promoting violence against federal law enforcement officers. They planned the attack on the social media app and had never met before the day of the attack. Lawmakers have been long calling for lifting or amending Section 230. And the time might have finally come. The law shielded internet companies and any change will have an adverse effect on their functioning. Social media platforms heavily rely on algorithmic recommendations to drive engagement. Any amendment to Section 230 will require them to change their business model and also focus more on moderating. This will affect the internet economy as well. Companies have already started preparing for the worst, though. According to a WSJ report, the tech industry is pressing Congress to rewrite Section 230 with “more clear-cut liability protections”. The implications of the changes may be pretty big, though.