The rules wouldn’t apply to bystander or police videos.
by author and University of Virginia law professor Danielle Citron, who has suggested that sites earn Section 230 protections by demonstrating they’ve taken reasonable steps to address illegal content.
If states ban transmitting perpetrator-created videos of murder, the change to Section 230 would let people sue services for hosting them. The proposal is designed to allow particularly hard crackdowns on “fringe websites” that practice little to no content moderation, including 4chan.James is also pushing for restrictions on livestreaming platforms, citing their “repeated use by hate-fueled mass shooters to broadcast their massacres.
Platforms should also be “required to restrict algorithmic promotion of such livestreams,” James recommends. She compares the delays to live television broadcasts, which let networks clip out profanity or other objectionable content. As the report notes, there’s precedent for making videos or images of a crime illegal. Child sexual abuse material isn’t considered protected speech due to the harm its existence and production involves. And the penalties James suggests aren’t as harsh as the criminal charges that transmitting or possessing CSAM can entail.Still, the rules would raise difficult First Amendment questions.
It’s also not clear how far a ban on “transmission” would stretch. The stated goal is a crackdown on sites that facilitate spreading propaganda videos, but it would logically penalize individuals who post copies of them as well.
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