In January when the Senate questioned representatives of Twitter, facebook and YouTube, Senator Ted Cruz asked if the social media platforms consider themselves to be neutral public forums. Again in April, when Mark Zuckerberg was called in front of the senate, Ted Cruz asked him if Facebook consider itself to be a neutral public forum. Why? What is the basis for these questions. According to Senator Ted Cruz, the immunity enjoyed by these social media platform for their policing, moderating and controlling user content under section 230 of the CDA is predicated on them being a neutral public forum? Is that true? Can Facebook, Twitter and YouTube lose immunity under Section 230 in the event their decisions are not politically neutral?
Lior Leser, Esq.
Technology, Internet and Software Law