Updated: September 3, 2026 · Docs · Clothoff AI Editorial Team
What is Section 230?
A glossary entry on the federal statute that separates a website from the speech of its users, and why it does not cover the editorial content published here.
Educational glossary entry by a review publisher; not legal advice.
What do the main provisions say?
Section 230 is a provision of the Communications Decency Act, codified at 47 U.S.C. §230, that shields providers and users of an interactive computer service from being treated as the publisher of information provided by another person. It also protects good-faith moderation. It does not cover content the service creates itself or federal criminal law.
The statute is short. Two subsections grant protection, one lists what the protection does not touch, and the definitions decide who qualifies.
| Law | Effective date | What it covers | Penalty | Source |
|---|---|---|---|---|
| §230(c)(1) – no publisher treatment | 1996 (Telecommunications Act) | A service is not the publisher of information provided by another content provider | Immunity from most state civil claims over user content | 47 U.S.C. §230, LII |
| §230(c)(2) – good-faith moderation | 1996 | No liability for restricting access to obscene, harassing or objectionable material | Immunity for removal decisions made in good faith | 47 U.S.C. §230, LII |
| §230(e) – exceptions | 1996; (e)(5) added 2018 by FOSTA | Federal criminal law, intellectual property, communications privacy law, sex-trafficking claims | Ordinary liability applies | 47 U.S.C. §230(e), LII |
| §230(f) – definitions | 1996 | Interactive computer service; information content provider | Determines who can claim the shield | 47 U.S.C. §230(f), LII |
What does the shield actually cover?
Subsection (c)(1) means a forum, host or social network is not the speaker of what its users post, so defamation, negligence and similar state claims over user content fail against the host. Subsection (c)(2) protects the same host when it removes or filters material in good faith.
The protection is not a license to publish anything. A service that writes, edits into meaning or materially contributes to unlawful content becomes an information content provider for that content and loses the shield for it.
Where does the shield stop?
Subsection (e) keeps federal criminal law, intellectual property law and communications privacy law fully in force, and since 2018 adds civil and state claims tied to sex trafficking. A platform hosting non-consensual intimate images can therefore still face federal prosecution and the TAKE IT DOWN Act removal duty.
Copyright claims run through the DMCA safe harbor instead, which has its own notice-and-takedown conditions. Section 230 and Section 512 are separate shields with separate rules.
Why does it not cover this site’s reviews?
Clothoff AI publishes editorial reviews written by its own team and hosts no user comments, uploads or forums. Every article is first-party speech, so the site is responsible for it in the ordinary way and relies on accuracy, sourcing and the editorial policy rather than on Section 230.
The terms of use and about page describe the publisher model. Section 230 is relevant to the tools we review, many of which host user uploads and depend on the shield for that content.
“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”
— 47 U.S.C. §230(c)(1), accessed September 3, 2026
Consent Note
This site is a publisher: it reviews third-party tools and does not create, edit, accept or store images. Docs entries are general information, not legal advice.
Sources
All sources accessed on September 3, 2026; educational entry, not legal advice.
- 47 U.S.C. §230 – Protection for private blocking and screening of offensive material (LII)
- Public Law 119-12 – TAKE IT DOWN Act (interaction with §230)
- 17 U.S.C. §512 – Limitations on liability relating to material online (LII)
- FTC – Complying with the TAKE IT DOWN Act
- Regulation (EU) 2022/2065 – Digital Services Act (EUR-Lex)
FAQ: Section 230
Does Section 230 protect AI-generated content?
Only when the content is provided by a user. If a service’s own model generates the image or text, courts may treat the service as the information content provider, which removes the shield for that output. The question is unsettled and is being litigated as of September 3, 2026.
Does Section 230 block the TAKE IT DOWN Act?
No. Section 230(e)(1) preserves federal criminal law, and the platform removal duty is enforced by the FTC under a separate federal statute. Congress wrote the TAKE IT DOWN Act with Section 230 in mind, so the two operate together rather than in conflict.
Can a website be sued for its own articles?
Yes. Section 230 covers only information provided by another content provider. Articles, reviews and descriptions written by the site itself are first-party speech, and ordinary defamation, consumer-protection and other rules apply to them exactly as they would to a newspaper.
What is the good-faith moderation clause?
Section 230(c)(2) protects a service from liability for restricting access to material it considers obscene, lewd, excessively violent, harassing or otherwise objectionable, provided it acts in good faith. It lets platforms remove intimate deepfakes without being accused of unlawful censorship.
Is Section 230 the same as the DMCA safe harbor?
No. Section 230 covers most state civil claims over user content; the DMCA safe harbor in 17 U.S.C. §512 covers copyright claims and requires a registered agent, a notice-and-takedown process and a repeat-infringer policy. A host needs both shields for different risks.
Does Section 230 apply outside the United States?
No. It is a US federal statute. In the EU, platform liability follows the Digital Services Act, which imposes notice-and-action duties instead of broad immunity. Services operating in both regions must satisfy each framework separately for the same user content.