Statement of Principles on Online Free Speech
| Model Bill Info | |
|---|---|
| Bill Title | Statement of Principles on Online Free Speech |
| Date Introduced | March 13, 2017 |
| Date Finalized | May 24, 2018 |
| Date Accessed | Sept. 23, 2018 |
| Type | Statement of Principles |
| Status | Final |
| Task Forces | Communications and Technology |
| Keywords | Innovation, Privacy and Security |
Summary
The American Legislative Exchange Council recognizes that the Internet has transformed American life, and will continue to do so — and that the Digital Revolution has been overwhelmingly positive. American innovators and entrepreneurs have led the development of new products and services that have made life easier in countless ways and have kept the American economy dynamic, growing and strong. Perhaps the greatest benefit of the Internet has been empowering individuals to express themselves in ways that were simply unimaginable a generation ago. Even in 1996, Congress recognized that the Internet has “flourished, to the benefit of all Americans, with a minimum of government regulation.” 47 U.S.C. § 230(a)(4). This is even more true today: keeping the Internet “unfettered by Federal or State regulation,” 47 U.S.C. § 230(b)(2), has ensured that America is the undisputed leader in Internet services. With the notable exception of Chinese and Russian sites (which are protected, and heavily controlled, by their repressive governments), essentially all of the world’s most popular online platforms that host user-generated content are American. The Internet is the greatest American success story of all time — and a triumph for First Amendment values. For all its benefits, the Digital Revolution has also created a host of difficult problems, especially regarding online speech. Congress also recognized this in 1996: Section 230 of the Communications Decency Act ensured that online platforms would not be held liable for content created by their users. Without this immunity, today’s online platforms would never have gotten off the ground: it simply would not have been possible to filter user generated content on anything like the scale that exists today. The Internet would not have become the vibrant forum for free expression it is today. Section 230’s immunity has never been absolute: websites lose it when they bear responsibility, even in part, for developing illegal content. Moreover, Congress never limited the enforcement of federal criminal law. In short, the Internet was not intended to be lawless, but Congress did recognize that making online intermediaries responsible for user content would both discourage innovation and “Good Samaritan” self-policing by responsible websites. The American Legislative Exchange Council recognizes that debates over online speech, and who should police it, have reached a new level of intensity. To guide state and federal policymakers in addressing such concerns, and especially in ensuring the effective enforcement of existing laws, ALEC has developed the following principles regarding online free speech consistent with American values of free expression and free enterprise.
