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Why Making Social Media Companies Liable For User Content Doesn’t Do What Many People Think It Will


Brazil’s Supreme Court appears close to ruling that social media companies should be liable for content hosted on their platforms—a move that appears to represent a significant departure from…

Every social media company has at least some lawyers who work with their trust & safety teams to review the really challenging cases, but when legal liability could accrue for every decision, it becomes much, much worse. A study we conducted a few years back detailed how as countries ratcheted up their intermediary liability, the end result was, repeatedly, fewer online places to speak. Platforms need to be pro-active in regulating content, said Alvaro Palma de Jorge, a law professor at the Rio-based Getulio Vargas Foundation, a think tank and university.

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