State Content Moderation Landscape Update and Look to 2023 - Disruptive Competition Project

We are 2 weeks past the 2022 midterm elections and this year’s predetermination precocious authorities enactment connected a fig of issues. States person go the caller battleground for argumentation making and influencing, particularly with regards to contented moderation. But earlier we preview however the contented moderation statement could play retired successful 2023, we archetypal person to reappraisal past and ongoing trends. 

State lawmakers began their ain initiatives to modulate online contented moderation astir 2018. Since 2021, states person introduced implicit 250 bills to modulate contented crossed integer services’ platforms, though often with the intent to people starring tech companies alone. Many states are considering oregon person enacted contented moderation legislation. However, overmuch of this authorities risks conflicting with national law, including Section 230 of the Communications Decency Act which, arsenic our resource page elucidates, is integral to the relation of the Internet.

Many states are changing to one-party regularisation successful this predetermination rhythm and authorities authorities volition truthful beryllium overmuch easier to pass. Over the past year, legislators person pursued aggregate kinds of contented moderation measures (more profoundly covered successful CCIA’s Content Moderation Landscape), the astir problematic of which often halfway connected perceived “censorship,” the constitution of an oversight body, disclosure and auditing oregon investigating requirements for algorithms, accrued contented removal, and resolutions calling connected Congress to amend oregon repeal Section 230, among different foci. Certain states to beryllium alert of are California, the District of Columbia, Florida, Minnesota, New York, Ohio, Texas, and Wisconsin. 

California is simply a cardinal battleground authorities successful this statement owed to the fig of proposals that person been enactment distant and the power they person connected different states pursuing suit. One of California’s much noteworthy bills to instrumentality enactment of is AB 587, which compels integer services to merchandise confidential accusation regarding interior practices. The passing of authorities successful California has encouraged states similar New York to prosecute akin authorities specified arsenic New York’s SB 9594 and SB 9563, replicas of California’s AB 587 and AB 2273 respectively.

Looking to 2023, wherever power implicit Congress volition beryllium divided betwixt Republicans and Democrats, we expect the GOP-led House of Representatives volition prosecute noisy hearings and legislative vehicles targeting Section 230 and alleged ‘censorship’ complaints. Democrats person besides made contented moderation a precedence but the parties bash not hold connected what should beryllium done successful this respect and truthful the likelihood of cautiously negotiated national authorities connected Section 230 is improbable to go law. 

While we’ll apt spot gridlock successful D.C. connected contented moderation, owed to the midterms much states person shifted to one-party rule, making them the halfway constituent successful this debate. Furthermore, portion we’re apt to spot a greater fig of authorities proposals connected contented moderation and integer platforms successful 2023, the proposals themselves person and volition proceed to look galore challenges, including ineligible challenges implicit whether they are constitutional. These bills’ litigation costs, communal bearer regulations, burdensome provisions, backstage rights of action, deficiency of evidence-based policymaking, and the patchwork of regulations that look from these authorities efforts could precise good hamper U.S. companies from competing and innovating astatine location and abroad. DisCo has antecedently discussed the high cost of state-by-state contented moderation.

Finally, portion galore states are moving guardant with their contented moderation proposals, different states’ bills, specified arsenic Florida’s SB 7072 (which DisCo has antecedently discussed) and Texas’ HB 20, are undergoing rigorous litigation. Many of these emerging authorities bills that are simply pursuing successful others’ footsteps could besides extremity up successful the courts. Any authorities enactment distant indispensable beryllium cautiously considered, different it could extremity up successful wasteful litigation oregon adjacent harming some contention and consumers by breaking reliable integer services.

Learn much astir the contented moderation scenery here.