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by devwastaken
1805 days ago
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Platform/publisher isn't a thing, that's a made up talking point. Even if it were a "publisher" they can still refuse to publish your content, they can remove the content, and can edit the content. Publishers are not forced to do business with you. "Curating content" is their business. That's how social media operates. You and I don't get to tell them that they can't run their business simply because we don't agree with their politics. You have to prove a significant public harm that's not protected. They're not a monopoly, nor do they control the infrastructure for social media. Nor do they have power over preventing you from creating your own. |
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It mirrors an offline legal distinction that has a huge impact on liability. A printer is not liable for what they print because they don't exert editorial control while a publisher is because they do.
There are specific legal protections for online platforms that allow they to exert some moderation without qualifying as a publisher for liability purposes.
Thus the platform/publisher distinction is extremely relecant when discussing exactly how much moderation (and especially curration) can happen before a platform should assume the legal liabilities of a publisher.