This Practice Note was originally written for Lexis Practice Advisor®, in the US.

This Practice Note provides an overview of the US Communications Decency Act Section 230 immunity, including who it covers, what types of claims it covers, and how to avoid losing its protection. Section 230 provides broad protection to internet service providers (ISPs) and internet users from claims arising from the speech of third parties. Anyone who hosts a website or publishes third party information on the internet, available in the US, should understand how Section 230 operates.

This Practice Note begins with background information concerning Congress’ attempts to regulate obscenity on the internet and the liability landscape prior to Section 230. Next, it discusses key terms and provisions of Section 230, and the protections it provides for hosting, editing, encouraging and purchasing third party content. Last, this note identifies the limits to those protections, including areas of law excluded from Section 230 altogether.