Facebook Admits it is Not a Platform

Facebook and other tech companies have come under increasing and well-merited criticism for their rampant invasion of privacy, censorship and riding the line between publisher and platform. Indeed, these tech companies are offered protections against lawsuits for libel and slander because they are considered to be "platforms" under Section 230 of the Communications and Decency Act.

Now Facebook, while fending off a lawsuit from conservative provocateur Laura Loomer, admits its not a platform but instead a publisher,

Facebook has invoked its free speech right as a publisher, insisting its ability to smear users as extremists is protected, but its legal immunity thus far has rested on a law which protects platforms, not publishers. Which is it?

Facebook has declared it has the right, as a publisher, to exercise its own free speech and bar conservative political performance artist Laura Loomer from its platform. Even calling her a dangerous extremist is allowed under the First Amendment, because it’s merely an opinion, Facebook claims in its motion to dismiss the lawsuit filed by Loomer...​

“...Under well-established law, neither Facebook nor any other publisher can be liable for failing to publish someone else’s message,” Facebook’s motion to dismiss Loomer’s defamation suit reads, justifying its decision to ban her from the platform. It also points out that terms like “dangerous” or “promoting hate” cannot be factually verified and are thus constitutionally protected opinions for a publisher, while also claiming it never applied either term to Loomer, despite banning her from its platform under its “dangerous individuals” policy.

Say what you will about Laura Loomer's ridiculous antics (particularly those involving tires), but this explanation is very telling indeed. If you are going to defend yourself as a publisher, then you should be legally liable for everything posted on your site. Let the wave of infinity lawsuits begin!

Late last year, Tim Cook also admitted Apple was in fact a publisher and not a platform as well. The time to act is now (in fact, it was some time ago). These tech companies are far too powerful. They can swing elections, manipulate the masses and pretty much do as they please. No more talk and no more listening to their empty promises. As an ardent capitalist I really hate to say this, but these companies need to be regulated.