Comment Re:Social media not a publisher. 1st am doesn't ap (Score 1) 247
The distinction isn't whether something is entertainment or not, nor whether they determine what their content is. It's that broadcast media like Fox News are subject to liability regarding libel, slander, and defamation. There are ways that entertainers can stretch things a bit through parody and satire, etc., but they and the broadcast networks that carry them are still subject to laws regarding libel, slander, and defamation, whereas Twitter and Facebook are exempt. The problem is that sites like Twitter and Facebook are now used effectively for broadcasting, which wasn't the case in the mid '90s when these rules were passed. The immunity makes sense when there are millions of small accounts that each connect only a few hundred people. There is no way that many separate accounts can be manages as broadcasting. But when these platforms host huge accounts for national politicians who tweet to 10's of millions of followers which then re-tweet and re-post, they are acting more like a broadcast media than a social media platform. The problem is that unlike in the mid '90s, they are now both, but are still governed by a set of rules that only applies to one of those use cases.