What Is Internet Indecency?

What is the difference between obscenity and indecency?

– Obscenity: This category is so offensive that is deserves and receives no First Amendment protection.

It can be regulated or outlawed at the will of the states.

– Indecency: This category is “less offensive” than obscenity.

– Speech that doesn’t rise to the indecency level enjoys full First Amendment protection..

What federal statute provides protection to Internet service providers from defamation claims?

Section 230 of the Communications Act of 1934, enacted as part of the Communications Decency Act of 1996 (CDA), broadly protects online service providers like social media companies from being held liable for transmitting or taking down user-generated content.

Why did the Supreme Court rule that the Communications Decency Act was unconstitutional quizlet?

The Supreme Court held that the Communications Decency Act was unconstitutional, since it was overly broad and vague in its regulation of speech on the internet, and it attempted to regulate indecent speech, which is protected.

What is an example of obscenity?

An obscene remark, act, event, etc. Obscenity is an offensive word, expression or behavior. The “f” word or other swear words are an example of obscenity. See obscene material.

What is the purpose of Section 230 of the Communication Decency Act?

As part of its broader review of market-leading online platforms, the U.S. Department of Justice analyzed Section 230 of the Communications Decency Act of 1996, which provides immunity to online platforms from civil liability based on third-party content and for the removal of content in certain circumstances.

Can you swear on cable TV?

Because obscenity is not protected by the First Amendment, it is prohibited on cable, satellite and broadcast TV and radio. However, the same rules for indecency and profanity do not apply to cable, satellite TV and satellite radio because they are subscription services.

Why is the Communications Decency Act unconstitutional?

Supreme Court Declares Communications Decency Act Unconstitutional. In a landmark decision defining constitutional protections in cyberspace, the United States Supreme Court declared the Communications Decency Act (“CDA”) unconstitutional, holding that the Act unconstitutionally abridged free speech rights.

What did the 1996 Telecommunications Act do?

The Telecommunications Act of 1996 is the first major overhaul of telecommunications law in almost 62 years. The goal of this new law is to let anyone enter any communications business — to let any communications business compete in any market against any other.

What are the 3 tests for obscenity?

The Miller test for obscenity includes the following criteria: (1) whether ‘the average person, applying contemporary community standards’ would find that the work, ‘taken as a whole,’ appeals to ‘prurient interest’ (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically …

What protection is afforded platforms by 230 of the Communications Decency Act of 1996?

Section 230, from a 1996 federal law, was meant to protect young internet companies from liability. Lawmakers have threatened to change it. Section 230 of the Communications Decency Act of 1996 helped create today’s internet giants. It also protects fringe websites from responsibility for material posted by users.

Is Internet censorship unconstitutional?

“The government has no more right to censor the Internet than it does books and magazines.” Previously, a federal district court and a federal appeals court found the online censorship law violates the First and Fifth Amendments of the Constitution.

Is the Communications Decency Act still in effect?

The Internet community as a whole objected strongly to the Communications Decency Act, and with EFF’s help, the anti-free speech provisions were struck down by the Supreme Court. But thankfully, CDA 230 remains and in the years since has far outshone the rest of the law.

What is indecent material?

The Federal Communications Commission (FCC) defines indecent speech as material that, in context, depicts or describes sexual or excretory organs or activities in terms patently offensive as measured by contemporary community standards for the broadcast medium. …

Is Section 230 A law?

Section 230 is a piece of Internet legislation in the United States, passed into law as part of the Communications Decency Act (CDA) of 1996 (a common name for Title V of the Telecommunications Act of 1996), formally codified as Section 230 of the Communications Act of 1934 at 47 U.S.C. § 230.

What is an interactive computer service?

An interactive computer service is “any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet[.]” Reviewing courts have interpreted this definition to cover …