Elon Musk's Twitter deal has not prompted an urgent Section 230 reform, as social media posts claim
Elon Musk's Twitter deal has not prompted an urgent Section 230 reform, as social media posts claim
(Reuters) - No fresh announcements were made by the White House on plans to reform Section 230, a law that shields online companies from liability over content posted by users. Some online users had claimed that White House spokesperson Jen Psaki had announced plans to reform the law shortly after the news billionaire and Tesla CEO Elon Musk had reached an agreement to buy the social media platform, Twitter.
Another commented on Facebook: “BREAKING NEWS: Now that Musk will own Twitter, the White House is concerned about reforming Section 230. Imagine that?????” (here).
Other social media posts claiming Section 230 reforms are urgently in focus can be seen (here), (here) and (here).
— George (@BehizyTweets) April 25, 2022
The press secretary made no announcements in relation to Section 230 during the April 25, 2022 briefing. Reforming Section 230 has been a longstanding aim of President Biden, a spokesperson for the White House told Reuters.
Section 230 was explicitly mentioned twice during Monday’s briefing in response to questions posed by reporters. The full transcript of the briefing can be found (here) while a livestream of the briefing can be viewed (bit.ly/3LlMeTI).
A reporter asked Psaki: “And just a quick one on the breaking news: Twitter agreeing to let Elon Musk purchase — make his — go through with this purchase. Do you have a response to that? And does the White House have any concern that this new agreement might have President Trump back on the platform?”
In response, Psaki said: “Well, I’m not going to comment on a specific transaction ... [Biden] has been a strong supporter of fundamental reforms to achieve that goal, including reforms to Section 230, enacting antitrust reforms, requiring more transparency, and more. And he’s encouraged that there’s bipartisan interest in Congress”.
Another reporter asked: “I’m wondering: Regardless of ownership, would the White House be interested in working with Twitter like it has in the past to continue to combat this kind of misinformation? Or are we in a different part of the pandemic where that kind of partnership is no longer necessary?”
Psaki answered: “Well, I think we engage regularly with all social media platforms about steps that can be taken that has continued, and I’m sure it will continue. But there are also reforms that we think Congress could take and we would support taking, including reforming Section 230, enacting antitrust reforms, requiring more transparency. And the president is encouraged by the bipartisan support for — or engagement in those efforts”.
President Biden has previously spoken in support of reforming Section 230, so to present this as a sudden policy decision would be misleading.
In an interview with The New York Times editorial board in January 2020, shortly after his victory in the 2020 presidential elections, Biden voiced his view that the law should be revoked immediately.
In an October 2021 briefing, a reporter asked Psaki: “Thanks, Jen. Yesterday’s hearing by a Facebook whistleblower underscored several major issues with the company, including, as many senators pointed out, issues with Section 230. On the campaign trail, Biden said that Section 230 should, quote, "immediately be revoked" and that it should be revoked because, quote, Facebook "is not just an Internet company. It is propagating falsehoods they know to be false." Does the White House stand by that assessment for Section 230, given the revelations now?”
Psaki responded: “Well, the President has long said, as you referenced, that tech platforms must be held accountable for the harms that they cause. And he has been a strong supporter of fundamental reforms to achieve that goal. This includes Section 230 reforms. It also includes privacy and antitrust reforms as well as more transparency”.
In a November 2021 press briefing, Psaki reaffirmed President Biden’s position on Section 230.
A reporter posed a question on whether Biden supports revoking the law after the Justice Department defended Section 230 in a lawsuit filed by former U.S. President Donald Trump. Psaki responded: “[Biden] called for reforms of Section 230; that continues to be his position”.
Former U.S. President Donald Trump also expression an intention to revoke Section 230 when he was in office.
Section 230 was a central talking point during the October 2020 tech hearing, where Democrats and Republicans quizzed ‘Big Tech’ CEOs on policies.
Lawmakers have been split on ways to hold Big Tech accountable under Section 230 of the Communications Decency Act - which protects companies from liability over content posted by users but also lets the firms shape political discourse.
Republican lawmakers used most of their time during the hearing to accuse the companies of selective censorship against conservatives. Democrats primarily focused on insufficient action against misinformation that interferes with the election.
In response to several questions discussing the law, the CEOs of Twitter, Facebook and Google said Section 230 was crucial to free expression on the internet. They said the law gives them the tools to strike a balance between preserving free speech and moderating content, even as they appeared open to suggestions the law needs moderate changes.
VERDICT
Missing context. The White House did not make any new announcements pertaining to Section 230, a law that shields online companies from liability over content posted by users, following Elon Musk’s agreement with Twitter to buy the platform. Press Secretary Jen Psaki responded to press questions on the topic on Monday. President Biden repeatedly expressed support for reforming the law prior to Musk’s agreement with Twitter.
