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Optimal social media content moderation and platform immunities

Author

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  • Frank Fagan

    (EDHEC Business School)

Abstract

This article presents a model of the lawmakers’ choice between implementing a new content moderation regime that provides for platform liability for user-generated content versus continuing platform immunity for the same. The model demonstrates that lawmakers prefer platform immunity, even if incivility is increasing, if the costs of implementing a platform liability regime are greater than the costs of enforcing status quo law. In addition, inasmuch as implementation of a platform liability regime is coupled with new speech restrictions that are unconstitutional or prohibitively costly, lawmakers prefer immunity, but platforms are free to set strong content moderation policies consistent with existing law.

Suggested Citation

  • Frank Fagan, 2020. "Optimal social media content moderation and platform immunities," European Journal of Law and Economics, Springer, vol. 50(3), pages 437-449, December.
    • Handle: RePEc:kap:ejlwec:v:50:y:2020:i:3:d:10.1007_s10657-020-09653-7
    DOI: 10.1007/s10657-020-09653-7
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    References listed on IDEAS

    as
    1. Ronald H. Coase, 2022. "The Market for Goods and the Market for Ideas," Econ Journal Watch, Econ Journal Watch, vol. 19(1), pages 166–175-1, March.
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    Cited by:

    1. Alain Marciano & Antonio Nicita & Giovanni Battista Ramello, 2020. "Puzzles in the big data revolution: an introduction," European Journal of Law and Economics, Springer, vol. 50(3), pages 339-344, December.
    2. Yassine Lefouili & Leonardo Madio, 2022. "The economics of platform liability," European Journal of Law and Economics, Springer, vol. 53(3), pages 319-351, June.

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    More about this item

    Keywords

    Social media; Fake news; First amendment; Section 230; Communications Decency Act;
    All these keywords.

    JEL classification:

    • K16 - Law and Economics - - Basic Areas of Law - - - Election Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K24 - Law and Economics - - Regulation and Business Law - - - Cyber Law
    • L82 - Industrial Organization - - Industry Studies: Services - - - Entertainment; Media

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