U.S. President Donald Trumpâs effort to regulate social Media companiesâ content decisions may face an uphill battle from regulators who have previously said they cannot oversee the conduct of internet firms.
Federal Communications Commission (FCC) chairman Ajit Pai did not endorse Trumpâs proposal on Thursday but said in a written statement âthis debate is an important oneâ and added the FCC âwill carefully review any petition for rulemaking.â
In August 2018, Pai said he hoped social Media companies would embrace free speech but did not see a role for the FCC to regulate websites like Facebook, Alphabetâs Google and Twitter.
âThey are not going to be regulated in terms of free speech,â Pai said at a forum. âThe government is not here to regulate these platforms. We donât have the power to do that.â
Another Republican on the five-member commission, Mike OâRielly, expressed mixed feelings.
âAs a conservative, Iâm troubled voices are stifled by liberal tech leaders. At same time, Iâm extremely dedicated to the First Amendment which governs much here,â OâRielly wrote on Twitter.
Trump signed an executive order Thursday directing the Commerce Departmentâs National Telecommunications and Information Administration to petition the FCC to write rules clarifying social Media companiesâ legal protections under Section 230 of the 1996 Communications Decency Act.
Former FCC Commissioner Robert McDowell, a Republican, wrote on Twitter that the review is âbased on political #speech management of platforms. So many wobbly parts to this govt ânudge.â I donât see how it survives.â
Another barrier is timing. The FCC will spend at least a few months reviewing and likely seeking public comment before potentially drafting proposed regulations. It could take a year or longer to finalize any rules, long after the November presidential election.
Section 230 protects internet companies from liability for illegal content posted by users and allows them to remove lawful but objectionable posts.
Trump wants the FCC to âexpeditiously propose regulationsâ to determine what constitutes âgood faithâ by firms in removing some content. He also wants Congress to repeal the Section 230 protections.
FCC Commissioner Brendan Carr, a Republican, said he expects the commission will seek public comment on the forthcoming NTIA petition to provide clarity on what âgood faith conductâ by companies means and draw a line between permissible and improper behavior.
âWhen a final decision is reached, my hope and expectation is that it will provide clarity about that line,â Carr said.
Twitter called Trumpâs executive order âa reactionary and politicized approach to a landmark lawâŚ. Attempts to unilaterally erode it threaten the future of online speech and Internet freedoms.â
Alexandra Givens, chief executive of the Center for Democracy & Technology, said the order ânot only violates the Constitution, it ignores 20 years of well-established law. The Executive Order is designed to deter social Media companies from fighting misinformation, voter suppression, and the stoking of violence on their services.â
FCC Commissioner Jessica Rosenworcel, a Democrat, suggested turning the FCC âinto the presidentâs speech police is not the answer. Itâs time for Washington to speak up for the First Amendment.â
(Reporting by David Shepardson; Editing by Chizu Nomiyama)
