The United States’ Approach to 'Platform' Regulation

Abstract

This paper summarizes the United States’ legal framework governing Internet “platforms” that publish third-party content. It highlights three key features of U.S. law: the constitutional protections for free speech and press, the statutory immunity provided by 47 U.S.C. § 230 (“Section 230”), and the limits on state regulation of the Internet. It also discusses U.S. efforts to impose mandatory transparency obligations on Internet “platforms.”

Keywords: section 230, 47 USC 230, censorship, free speech, platform governance, UGC, user-generated content, First Amendment

JEL Classification: K2, K42