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Communications Decency Act

The Communications Decency Act of 1996, 47 U.S.C. § 230 provides cover for social media companies and internet service providers. It states that, "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

Both the Second Circuit and the First Circuit, in FTC v. Leadclick Media, LLC, 838 F.3d 158 (2d Cir. 2016) and Jane Doe No. 1 v., 817 F.3d 12 (1st Cir. 2016) have endorsed a three prong test in order to determine if a provider can be immune from liability for postings on its sites:

1. Is the defendant a provider of an 'interactive computer service'?

2. Does the claim concern information posted by another party?

3. Is the claim treating the provider as a publisher?

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