National Convention moves to force Big Tech to prove neutrality

Lazia, 22 June 2019 — The National Convention of 2019 has introduced the Stop Shadowbanning and other forms of Internet Censorship Act, which would compel technology companies to prove their political neutrality or face increased liability for content posted by their users.

The bill dramatically amends the Interactive Computer Service Provider Immunity Act of 2018 — itself modelled on Section 230 of the United States Communications Decency Act, and passed when the Lazian Chamber feared that exposing the fledgling platforms to ordinary civil liability would stifle their growth. Under the new measure, that immunity would be granted only to companies able to demonstrate that they are politically neutral. “With their legal protections, tech companies get a sweetheart deal that no other industry enjoys: complete exemption from traditional publisher liability in exchange for providing a forum free of political censorship,” President Van der Huijsen wrote in a statement. “Unfortunately, and unsurprisingly, big tech has failed to hold up its end of the bargain.”

The bill would apply only to companies with more than 500 active monthly users in Mahuset, or more than ƒ1 billion in global annual revenue. Such firms would have to prove their neutrality to the Censorate and reapply for immunity every two years. The president had earlier proposed amending the 2018 Act in response to “shadowbans” — bans, or partial bans, applied to a user or their content in a manner not readily apparent to the user — on platforms such as Facebook, Twitter, Instagram and Reddit.

The measure is not without critics, some of whom argue that altering the immunity regime could rebound on the very people it is meant to protect, leaving platforms an impossible choice between permitting all content and over-moderating to strip out anything conceivably unlawful. It is the latest of the Classical Liberals’ forays into technology policy; the party has not ruled out a further bill to ban “pay-to-win” applications aimed at children, the president having singled out Candy Crush Saga as a prime offender in leveraging children’s willingness to learn for profit.

Edited for the relaunch of the Courant van Lazia.