Section 230 must be amended to restore public trust in media

As a pre-Section 230 media professional, I respect the sense of responsibility to earn the public’s trust that the Communication Act of 1934 realized.

The principle is simple: Protecting consumers' right to think for themselves, consistent with the individualism that differentiates America from the rest of the world's class system.

US law protects business from frivolous lawsuits by consumers with the concept of “buyer beware”. This concept presumes consumers can educate themselves and have the confidence to think for themselves.

The Communication Act of 1934 recognized that broadcast media reach in one day could enable businesses (including the media companies) to deceive at a scale and speed to prevent consumers from thinking for themselves.

The Act and its subsequent iterations, burdened media companies with the responsibility of protecting the public trust. For example, requiring advertisers to support claims to clear a commercial, disclosing what is paid speech and editorial opinion vs factual reporting, limiting media ownership to encourage diverse perspectives and requiring equal time for equal money for political issues.

The unintended consequence was self-censorship among media, business, agencies to protect the public trust in their brands. When every employee in every company is instinctively protecting trust in their brand, on a micro level, the macro positive impact on public trust comes naturally.

Section 230 reversed this dynamic. Especially now that paid mainstream media influencers reach more people on the unregulated internet than via regulated broadcast technology.

Amending Section 230 to require disclosure of paid speech and restoring liability for profiting from damaging individuals or deceiving the public will restore professional integrity on a micro level and public trust, naturally, on a macro level.

The spirit behind “Equal Time” would encourage re-writing algorithms to amplify different ideas instead of dividing people. It should be required for any media company that exceeds 10% reach in one day, on any mass reach technology.

Dividing people may be good for media profits but pigeonholing people is altogether un-American. What makes us different than every other culture in the world is individualism.

Individualism transcends efficient categorizing by age, sexual preference, income, or, race.