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Apparently not? See 'If you said "Once a company like that starts moderating content, it's no longer a platform, but a publisher"' here: https://www.techdirt.com/articles/20200531/23325444617/hello...


they dont need to be a publisher to be sued for defamation


I suppose that depends on whether the courts agree that "flagging" is a form of original content, and is defamatory.


i wonder if the courts take into account how things have changed since 230 became law


>i wonder if the courts take into account how things have changed since 230 became law

One would hope that the courts follow the law. Anything else would be inappropriate, don't you think?


Via proprietary and non-transparent algorithmic content recommendation engines, they have all been publishers for a while now.


FTFA: To be a bit more explicit: at no point in any court case regarding Section 230 is there a need to determine whether or not a particular website is a "platform" or a "publisher." What matters is solely the content in question. If that content is created by someone else, the website hosting it cannot be sued over it.




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