That might be worth investigating, though no one has had success with it in court so far because the "good faith" clauses in (c)(2) are so vague (and because even without section 230 they have a first amendment right to censor, ironically).
But the platform versus publisher argument is that they should lose the protection of section 230 if they act as a publisher. The threat of losing that protection would be a big deal because it would encourage them to act as platforms, or risk liability for every defamatory, libelous or otherwise illegal bit of content uploaded to their platform (other than copyright infringement, which is covered by the DMCA). Unfortunately no matter how reasonable it sounds, that argument just isn't supported by the text.
Right, but I don't care if they're platforms, if they're still held liable for decisions made in bad faith. Is that not the important bit?
That might be worth investigating, though no one has had success with it in court so far because the "good faith" clauses in (c)(2) are so vague (and because even without section 230 they have a first amendment right to censor, ironically).
But the platform versus publisher argument is that they should lose the protection of section 230 if they act as a publisher. The threat of losing that protection would be a big deal because it would encourage them to act as platforms, or risk liability for every defamatory, libelous or otherwise illegal bit of content uploaded to their platform (other than copyright infringement, which is covered by the DMCA). Unfortunately no matter how reasonable it sounds, that argument just isn't supported by the text.