Donald Trump's move could scrap or weaken law that protects social media companies

Published May 29, 2020

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Washington - President Donald Trump said

he will introduce legislation that may scrap or weaken a law

that has protected internet companies, including Twitter

and Facebook, in an extraordinary attempt to

regulate social media platforms where he has been criticised.

The proposed legislation is part of an executive order Trump

signed on Thursday afternoon. Trump had attacked Twitter for

tagging his tweets about unsubstantiated claims of fraud about

mail-in voting with a warning prompting readers to fact-check

the posts.

Trump wants to "remove or change" a provision of a law known

as Section 230 that shields social media companies from

liability for content posted by their users.

Trump said US Attorney General William Barr will begin

drafting legislation "immediately" to regulate social media

companies.

On Wednesday, Reuters reported the White House's plan to

modify Section 230 based on a copy of a draft executive order

that experts said was unlikely to survive legal scrutiny. The

final version of the order released on Thursday had no major

changes except the proposal for a federal legislation.

"What I think we can say is we're going to regulate it,"

Trump said before the signing of the order.

"I've been called by Democrats that want to do this, so I

think you could possibly have a bipartisan situation," said

Republican Trump, who is running for re-election in November.

Twitter called the order "a reactionary and politicised

approach to a landmark law" and said attempts to weaken Section

230 would "threaten the future of online speech."

A Google spokeswoman said the order would harm "America's

economy," while a Facebook spokesman said it would "encourage

platforms to censor anything that might offend anyone."

The order, as written, attempts to circumvent Congress and

the courts in directing changes to long-established

interpretations of Section 230. It represents his latest attempt

to use the tools of the presidency to force private companies to

change policies that he believes are not favorable to him.

"In terms of presidential efforts to limit critical

commentary about themselves, I think one would have to go back

to the Sedition Act of 1798 - which made it illegal to say false

things about the president and certain other public officials -

to find an attack supposedly rooted in law by a president on any

entity which comments or prints comments about public issues and

public people," said First Amendment lawyer Floyd Abrams.

Jack Balkin, a Yale University constitutional law professor,

said "the president is trying to frighten, coerce, scare, cajole

social media companies to leave him alone and not do what

Twitter has just done to him."

Twitter's shares ended over 4 percent down on Thursday.

Facebook ended down 1.6 percent and Google parent Alphabet Inc

finished slightly up.

Trump, who uses Twitter virtually every day to promote his

policies and insult his opponents, has long claimed without

evidence that the site is biased in favor of Democrats. He and

his supporters have leveled the same unsubstantiated charges

against Facebook, which Trump's presidential campaign uses

heavily as an advertising vehicle.

On Thursday, Trump said there is nothing he would rather do

than get rid of his Twitter account but he had to keep it in

order to circumvent the press and get his version of events to

millions of followers.

He took to Twitter again Thursday night to cast doubt around

voting by mail, tweeting the practice would lead to "MASSIVE

FRAUD AND ABUSE" and "THE END OF OUR GREAT REPUBLICAN PARTY."

The protections of Section 230 have been under fire for

different reasons from lawmakers including Big Tech critic

Senator Josh Hawley. Critics argue that they give internet

companies a free pass on things like hate speech and content

that supports terror organisations.

Social media companies have been under pressure from many

quarters, both in the United States and other countries, to

better control misinformation and harmful content on their

services.

Twitter Chief Executive Jack Dorsey said on the company's

website late Wednesday that the president's tweets "may mislead

people into thinking they don't need to register to get a

ballot. Our intention is to connect the dots of conflicting

statements and show the information in dispute so people can

judge for themselves."

After labeling Trump's tweets, Twitter continued to add

fact-checking and 'manipulated media' labels on hundreds of

other tweets.

US House Speaker Nancy Pelosi called Trump's planned order

"outrageous" and a "distraction" from the coronavirus crisis.

Under the order, the Commerce Department has 60 days to

petition the FCC to adopt new rules and then the agency will

review the petition. It could take anywhere from 12 to 24 months

for the FCC to propose and adopt final rules.

Federal spending on online advertising will also be reviewed

by US government agencies to ensure there are no speech

restrictions by a company.

Reuters

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