The War on Porn Regular Updates about the Assault on The Adult Industry
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Add Congressman Jimmy Patronis (R-Fla.) to the list of elected officials hellbent on repealing Section 230 of the Communications Decency Act.
In a press release issued January 14th, Patronis celebrated his introduction of H.R. 7045, AKA the “Promoting Responsible Online Technology and Ensuring Consumer Trust” (PROTECT) Act.
The argument Patronis made in support of his proposal is a well-worn one, rooted in the notion that Section 230 is enabling evil tech platforms to ruin America’s children by shielding them from liability for things published by third parties on those platforms.
“As a father of two young boys, I refuse to stand by while Big Tech poisons our kids without consequence,” Patronis said. “This is the only industry in America that can knowingly harm children, some with deadly consequences, and walk away without responsibility. Big Tech is digital fentanyl that is slowly killing our kids, pushing parents to the sidelines, acting as therapists, and replacing relationships with our family and friends. This must stop.”
There’s a reasonable argument to be had about whether the courts have extended Section 230’s coverage too far in some cases, but to hear people like Patronis tell it, the statute’s safe harbor provision allows “Big Tech” to do anything it pleases with total impunity.
“These companies design their platforms to hook children, exploit their vulnerability, and keep them scrolling no matter the cost,” Patronis added. “When children are told by an algorithm, or a chatbot, that the world would be better without them, and no one is being held responsible, something is deeply broken. I bet they would actually self-police their sticky apps and technologies if they knew they would have to pay big without the Big Tech Liability Protection of Section 230.”
In his press release, Patronis claims that “Section 230 shields social media companies and other online platforms from liability for content published on their sites.” This claim is a half-truth, at best. Section 230 shields social media companies from liability for content published by others on their sites. That’s an important distinction, not a distinction without a difference.
Let’s try a thought experiment here: Let’s suppose you’re a congressman whose website permits users to post comments in response to things you post on the site. Let’s further suppose one of your site’s users decides to post something defamatory about another of your colleagues. Would you want to be held directly liable for that comment? How about if instead of something defamatory, the user posted something patently illegal, like an image of a child being sexually abused; is Patronis saying my hypothetical congressman ought to go to prison in that scenario?
There are many reasons why groups like the Computer and Communications Industry Association (CCIA) are against the repeal of Section 230 – and yes, one of those reasons is that the CCIA is funded by everyone’s current favorite boogeyman, Big Tech. Another more important reason is the people behind the CCIA can see where this is all heading, if Section 230 is outright repealed and no safe harbor at all is provided for those who offer forums in which users can publish their content and comments.
“In the absence of Section 230, digital services hosting user-created content, including everything from online reviews to posts on social media, would risk constant litigation,” the CCIA asserted in an analysis published January 12th. “Continuing to provide services optimized for user experience would require massively increased legal expenses.”
How massively would those legal expenses increase? The CCIA said, given the sheer volume of user-generated posts published in a year, if “just one post or comment in a million led to a lawsuit, digital services could face over 1.1 million lawsuits per year following a Section 230 repeal.”
“A single lawsuit reaching discovery typically costs over $100K in fees, and sometimes much more,” CCIA correctly noted. “If companies face 1.1 million lawsuits, that’s $110 billion in legal costs annually.”
I suppose those who say Big Tech is the devil (while using the platforms enabled by Big Tech to say so) might think this is a good thing, I’m not sure they’ve thought this all the way through. If social media platforms can’t operate due to overwhelming legal costs, we lose all the good things about social media, too – not to mention a whole lot of jobs when those platforms inevitably go out of business.
From the perspective of the adult industry and those who enjoy adult entertainment, repealing Section 230 would likely spell the end of platforms allowing adult content creators to post self-produced content, as well. What platform would want to risk being held strictly liable for anything and everything depicted in the videos and photos adult creators produce? It would be absolute madness for platforms like OnlyFans and its competitors to maintain their current business model in the absence of Section 230 safe harbor.
Again, for those who think porn should be abolished, that development might be seen as a feature and not a bug where the idea of repealing Section 230 is concerned. But extend that same outcome to some platform they DO like – YouTube, TikTok, Facebook, Instagram, X or what have you – and they might not like the collapse quite as much.
From where I sit, the idea of repealing Section 230 should be accompanied by that old standby of a warning: “Be careful what you wish for, because you might just get it.”
