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US Section 230

In the US, Section 230 shields platforms from being treated as the publisher of users' content, so defamation suits against US platforms usually fail.

Meaning

A forum or social network is generally not liable for a user's defamatory post; claims go against the author.

Exceptions

Federal criminal law, intellectual property (the DMCA applies to copyright) and some specific statutes.

Strategy

On US platforms, use platform rules, copyright notices and private information policies; a court order against the author can also persuade the platform.

General information, not legal advice. In real cases we work alongside lawyers who specialise in digital rights.

Frequently asked questions

Does Section 230 apply in Europe?

No; the DSA and national law apply there.

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