Intellectual Property,
Government
Jun. 4, 2020
Platform immunity without the Communications Decency Act
Politicians from both political parties have floated various proposals for limiting or eliminating CDA immunity. If those efforts succeed, online platforms will find themselves without a key protection against user-content-based litigation.
John Major
Munger, Tolles & Olson LLPEmail: John.Major@mto.com
John frequently represents technology companies in platform liability matters.
For more than 20 years, the Communications Decency Act has provided an important defense for online platforms -- like Facebook, Twitter and Amazon -- to liability based on third-party users' content. The classic case for CDA immunity is when a plaintiff attempts to hold an internet platform liable for defamatory user posts. The CDA provides the platform with immunity and tells the plaintiff to sue the party that's directly responsible for the harm -- the user who made...
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