
https://en.wikipedia.org/wiki/Communications_Decency_Act
https://en.wikipedia.org/wiki/Section_230_of_the_Communications_Decency_Act
In analyzing the availability of the immunity offered by Section 230, courts generally apply a three-prong test. A defendant must satisfy each of the three prongs to gain the benefit of the immunity:[1]
- The defendant must be a “provider or user” of an “interactive computer service.”
- The cause of action asserted by the plaintiff must treat the defendant as the “publisher or speaker” of the harmful information at issue.
- The information must be “provided by another information content provider,” i.e., the defendant must not be the “information content provider” of the harmful information at issue.
Section 230 immunity is not unlimited.
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