Section 230 of the Communications Decency Act (CDA) immunizes providers of “interactive computer services,” which for the most part refers to websites, from any liability stemming from any purportedly offensive content created by third parties in their use of the website. 47 U.S.C. §230(c).
More precisely, the CDA prevents courts from treating websites as “publishers or speakers” of any content provided by third parties. This immunity has been intended from the outset by Congress to be broad, but of course there are significant caveats to such exemption. Foremost in terms of caveats is Congress’ conclusion that if a website is “responsible, in whole or in part, for the creation and development” of the third-party content, it becomes itself an additional “information content provider,” which thereby deprives it of this formidable immunity.
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