The Implications of Potential Section 230 of the Communications Decency Act Reform on Communities of Color

WHEREAS, The National Association for the Advancement of Colored People (NAACP) recognizes that the benefits internet platforms provide for advancing the interests of communities of color must be balanced with protections against online content that is harmful to them; and

WHEREAS, Section 230 of the Communications Decency Act protects online platforms like Facebook, YouTube, and Instagram from being held legally responsible for content posted by their users, such as comments, videos, or reviews; and

WHEREAS, Section 230 of the Communications Decency Act also allows these platforms to moderate or remove content without facing liability for their decisions; and

WHEREAS, This law embodies the principle that we should all be responsible for our own actions and statements online, but generally not those of others; and

WHEREAS, Congress enacted Section 230 of the Communications Decency Act to support the growth of internet businesses while encouraging responsible content moderation; and

WHEREAS, Section 230 of the Communications Decency Act has enabled communities of color to utilize digital spaces for activism, entrepreneurship, and creative expression without undue platform liability; and

WHEREAS, Unfortunately Section 230 has also enabled the proliferation of harmful content, including anti-Black harassment and white supremacist rhetoric, as well as illegal discrimination in housing, employment, and credit, disproportionately impacting communities of color. Additionally, improper or biased content moderation has also led to the disproportionate removal or downranking of people of color's voices and content, and reinforced systemic inequalities in digital spaces; and

WHEREAS, The number of people who rely on the internet for work, education, commerce, and communication, especially after the COVID-19 pandemic, has increasingly driven more activity online, including unsupervised children and criminal activity; and

WHEREAS, The U.S. Department of Justice identified the need to address illicit content online by "carving out" specific exemptions from Section 230 of the Communications Decency Act protection for child abuse, terrorism, and cyber-stalking, as well as actual knowledge of court judgments; and

WHEREAS, Some believe that platforms inadequately remove disinformation and hate speech, and tighter content moderation is necessary. Those opposed to that position argue for more lenient content moderation because they believe platforms are politically biased in labeling what content is misinformation or hate speech; and

WHEREAS, There are ideas for greater online protection for communities of color. For instance,civil rights carve-outs could help address discriminatory practices in housing, employment, and credit, but must ensure that platforms remain accountable for systemic biases without suppressing legitimate multicultural voices; and

WHEREAS, Algorithmic recommendation carve-outs could reduce the amplification of hate speech and disinformation, but may also inadvertently limit the visibility of social activism and culture; and

WHEREAS, Notice-and-takedown proposals could create mechanisms for the swift removal of harmful content, but such mechanisms could also be misused to disproportionately censor content and political speech by communities of color; and

WHEREAS, Fully repealing Section 230 without replacing it with a new framework that preserves some platform immunity for third-party content and moderation is not the solution. And leaving Section 230 of the Communications Decency Act unchanged is also unacceptable, as it allows platforms to continue enabling illegal harassment, white supremacist violence, discrimination, election interference, and biased content moderation; and

WHEREAS, Unfortunately, any reform intended to benefit communities of color could lead to unintended consequences and risks that harm these same communities.

THEREFORE, BE IT RESOLVED, that the NAACP urges Congress to adopt a balanced approach to Section 230 reform that preserves platform immunity for activism, entrepreneurship, and creative expression while ensuring accountability for platforms that facilitate racial discrimination, hate speech, and election interference; and

BE IT FURTHER RESOLVED, that any reform efforts must include safeguards to prevent platforms from disproportionately silencing voices of people of color under the guise of content moderation; and

BE IT FURTHER RESOLVED, that the NAACP calls upon lawmakers and policymakers to engage with civil rights organizations, activists, and entrepreneurs to ensure that reforms to Section 230 of the Communications Decency Act address the unique needs and concerns of communities of color; and

BE IT FURTHER RESOLVED, that the NAACP urges all Section 230 of the Communications Decency Act reform efforts to be preceded by careful and rigorous study, empirical analysis, and structured dialogue to ensure that changes benefit and protect communities of color; and

BE IT FINALLY RESOLVED, that the NAACP will advocate for legislative and regulatory measures that promote racial equity in digital governance, ensuring that online platforms uphold civil rights protection while fostering a fair and inclusive digital environment for communities of color.