District Court Finds Communications Decency Act Provides Automotive Device Manufacturer Immunity for Clean Air Act Violations
On March 28, 2024, in US v. EZ Lynk, the U.S. District Court for the Southern District of New York dismissed the Department of Justice’s (DOJ) claim that an automotive device manufacturer violated Section 203 of the Clean Air Act (CAA), holding that Section 230 of the Communications Decency Act (CDA) provided complete immunity from CAA liability for the sale of certain aftermarket automotive devices. This decision of first impression offers an important precedent in the automotive industry and beyond. The decision gives effect to the CDA as drafted and will make it significantly harder for the government to hold manufacturers and online retailers liable for content, including software, created and sold by third parties.
New California Law Adds to Complexity of Content Moderation
States and Congress have been enacting or debating different approaches to online “content moderation” by social media and other internet platforms. California’s “Content Moderation Requirements for Internet Terms of Service” bill (“AB 587”) goes into effect on Jan 1, 2024. In short, AB 587 requires social media companies to disclose their processes to take down or manage content and users on their platforms. AB 587 takes a somewhat different approach to social media content regulation than previously enacted laws in Texas and Florida. (more…)
Long-Awaited Online Safety Bill is Introduced by the UK Government to Combat “Harmful” Online Content
Two years after the UK Government first put forward its intention to introduce a new regime to address illegal and harmful content online, the UK Government published the Online Safety Bill (“Bill”) on 12 May 2021. The Bill imposes duties of care on providers of digital services, social media platforms and other online services to make them responsible for content generated and shared by their users and to mitigate the risk of harm arising from illegal content (e.g., by minimising the spread of such content). The Bill also aims to ensure that users are able to express themselves freely online and requires platforms to consider the importance of freedom of expression when fulfilling their duties.
