this post was submitted on 30 Dec 2025
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The problem with that is: https://www.techdirt.com/2019/11/20/masnicks-impossibility-theorem-content-moderation-scale-is-impossible-to-do-well/
My own idea, don't make it depend on platform size.
Make it depend on the existence of recommendation algorithms: anything recommended by an algorithm counts as speech by the platform.
If that were the law, any forum or wiki no matter who operates it isn't liable, but Facebook or TikTok would need to quickly turn off all options except "show me chronologically what the accounts I explicitly followed posted" (of course "most liked in the last 12 hours" or similar would also still be ok, but "this too might interest you based on your previous activity" wouldn't). That would also turn them into actually useful communication systems.
Really smart indeed! If your algorithm recommends something, then you are automatically liable for that content. I like it. It would really change things!