Comment Re:Totalitarian (Score 1) 420
But it's a problem of platform vs content. With newspapers, magazines, TV and radio news, etc, the group provides the news on its own platform. The NYT and Wall Street Journal both produce the content and publish on their platform (either the paper or the website).
But with Facebook, Twitter, and the like, in most cases the platform is NOT the entity that's producing the content. When I post something to Facebook, is it Facebook that's publishing it, or am I the one publishing it on someone else's platform. This distinction is incredibly important and why I believe there's valid legal reason for such platforms to not necessarily be treated the same as traditional media. Is the media the message or the channel?
Perhaps the answer is that Twitter should be treated like media for the content it produces itself and publishes on its own platform. So tweets that come from Twitter, the corporation, (or even editorializing on other people's tweets) is treated as Twitter's media and regulated as such, but tweets that come from CNN or Fox News are the legal responsibility of those organizations, and not Twitter.
This isn't to say that platforms shouldn't have any legal responsibility for what's posted. As a distribution channel, they certainly have a duty to make sure things like child porn aren't being published through their platforms. But I'm not convinced that treating the platform as a news organization itself is the correct answer. I think the individual content producers may be the ones who should be subject to the media laws, not the platforms.
This, of course, gets into a whole other discussion of the platform's role in policing individual accounts for such violations. Do they have a legal responsibility to try to police individuals, or is it up to traditional law enforcement to do the policing? I'm not sure what the answer is there, but I don't think it's as cut-and-dried as saying Facebook should be treated the same as newspapers.