FCC Has Authority Over Online Liability Shield, Counsel Says

The Federal Communications Commission has authority to issue rules on the scope of an online content liability law that protects Facebook Inc., Twitter Inc. and other companies because it is part of the Communications Act, the agency’s general counsel said.

FCC Chairman Ajit Pai announced recently that the commission would consider clarifying Section 230 of the Communications Decency Act, which shields platforms from liability for third-party content. The law was enacted as part of the Telecommunications Act of 1996, which amended the Communications Act.

“By expressly directing that Section 230 be placed into the Communications Act, Congress made clear ...