What is CDA or Communications Decency Act, 47 U.S.C. § 230(c)?

CDA-230 a

Communications Decency Act, 47 U.S.C. § 230(c), is an internet legislation that went into law in 1996. It basically states that any owner of public online forum is immune from liability as long as the owner are hands off.

CDA-230 bIt states: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” The CDA generally protects website owners and operators from most forms of liability; “Most courts have held that through these provisions, Congress granted interactive services of all types, including blogs, forums, and listservs, immunity from tort liability so long as the information is provided by a third party.”

What This Means:

  • Websites aren’t legally liable for content users post (e.g., reviews, comments, tweets).

  • Platforms can moderate or remove content (like hate speech or spam) without losing this protection, even if those choices seem biased or selective.

  • It encourages free expression by reducing legal risk for hosting user-generated content.


Why It Matters:

Section 230 has been called “the 26 words that created the internet” because it enabled the growth of platforms like YouTube, Facebook, Reddit, and Yelp by shielding them from constant legal battles over what users say or do.


Exceptions:

Section 230 does not protect platforms from:

  • Federal criminal liability

  • Intellectual property violations (e.g., copyright or trademark infringement)

  • Sex trafficking laws (under certain conditions, such as those introduced in FOSTA-SESTA)


Section 230 of the CDA is a foundational law for the internet as we know it. It allows platforms to host user content without being treated as the publisher and to moderate responsibly. However, it has become a topic of debate and proposed reforms in recent years due to concerns about misinformation, hate speech, and platform accountability.

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For more information Visit the CDA Wikipedia page.