Guardians of the Virtual Realm: A Comparative Analysis of Digital Democracy Defense in theU.S. and EU

Abstract

   The digital landscape has undergone significant evolution in recent years, reshaping the way individuals communicate, access information, and interact with online platforms. As these platforms play an increasingly central role in public discourse and information dissemination, questions surrounding their liability for user-generated content have gained attention. This Comment delves into the comparative analysis of digital liability for social media platforms under U.S. law, focusing on Section 230, and E.U. law, examining both the E-Commerce Directive and the Digital Services Act (DSA). Understanding the legal frameworks governing digital liability is crucial for assessing the future of platforms’ self-regulation efforts. While the United States’ approach, anchored by Section 230, has long provided broad immunity to online platforms, the European Union has embarked on a path toward more comprehensive regulation with the introduction of the DSA. This dichotomy underscores contrasting philosophies regarding the balance between freedom of speech and the responsibility of online platforms in moderating content.