Trump Administration's Battle To Erode Social Media Immunity Reaches FCC Doorstep

President Donald Trump’s administration asked the United States Federal Communications Commission on Monday to change its interpretation of a law that grants immunity to social media platforms from lawsuits arising out of third-party content, Reuters reported.

What Happened

The National Telecommunications and Information Administration petitioned the FCC as a result of an executive order passed by Trump in May that would affect technology giants, such as Alphabet Inc’s GOOGL GOOG video streaming website YouTube, Facebook Inc FB and Twitter Inc TWTR.

The NTIA, a U.S. Department of Commerce agency, is asking the FCC to require social media companies to “publicly disclose accurate information regarding its content-management mechanisms.”

The agency claimed this would allow users to make “more informed choices about competitive alternatives,” Reuters noted.

Two Democratic commissioners said “FCC shouldn’t take this bait,” and urged that the petition be dismissed. The Commission said it will “carefully review the petition.”

Why It Matters

It could take a year or longer for the FCC to clarify the rules surrounding Section 230 of the 1996 Communications Decency Act, according to Reuters.

A Georgetown University lecturer, Andrew Jay Schwartzman, opined that FCC does not have the authority to interpret Section 230, and even if it did, “the rule that Trump wants is utterly incompatible with the plain language of the statute.”

Last month, FCC Commissioner Geoffrey Starks said that the independent agency should stay clear of the debate on the social liability of media platforms.

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