Optimal social media content moderation and platform immunities

Frank Fagan ()
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Frank Fagan: EDHEC Business School

European Journal of Law and Economics, 2020, vol. 50, issue 3, No 6, 437-449

Abstract: Abstract This article presents a model of the lawmakers’ choice between implementing a new content moderation regime that provides for platform liability for user-generated content versus continuing platform immunity for the same. The model demonstrates that lawmakers prefer platform immunity, even if incivility is increasing, if the costs of implementing a platform liability regime are greater than the costs of enforcing status quo law. In addition, inasmuch as implementation of a platform liability regime is coupled with new speech restrictions that are unconstitutional or prohibitively costly, lawmakers prefer immunity, but platforms are free to set strong content moderation policies consistent with existing law.

Keywords: Social media; Fake news; First amendment; Section 230; Communications Decency Act (search for similar items in EconPapers)
JEL-codes: K16 K23 K24 L82 (search for similar items in EconPapers)
Date: 2020
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Citations: View citations in EconPapers (4)

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Persistent link: https://EconPapers.repec.org/RePEc:kap:ejlwec:v:50:y:2020:i:3:d:10.1007_s10657-020-09653-7

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DOI: 10.1007/s10657-020-09653-7

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