Online Platforms and Legal Responsibility: A Contemporary Perspective in View of the Recent U.S. Developments

Gosztonyi, Gergely and Lendvai, Gergely Ferenc (2024) Online Platforms and Legal Responsibility: A Contemporary Perspective in View of the Recent U.S. Developments. MASARYK UNIVERSITY JOURNAL OF LAW AND TECHNOLOGY, 18 (1). pp. 125-141. ISSN 1802-5943 (print); 1802-5951 (online)

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Abstract

This paper critically examines the relevance of Section 230 of the Communications Decency Act in the context of recent United States Supreme Court rulings, specifically Twitter v. Taamneh and Gonzalez v. Google. The Supreme Court ruled in 2023 that determining the extent of CDA230’s immunity lies with legislators, not the judiciary. This study explores the potential liability of algorithms in supporting terrorism and the implications for European regulations under the Digital Services Act. Findings indicate that while CDA230 has fostered internet growth, it also challenges content regulation. The United States approach contrasts with the European Union’s more explicit service provider responsibilities, suggesting a need for legislative updates to balance free expression with the control of harmful content.

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