Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 229

Global platforms face regulatory threats

The year 1995 was three years before Google was founded, nine years ahead of Facebook, a decade before YouTube and 11 years earlier than Twitter. US lawmakers, concerned a recent court ruling would stifle innovation, introduced an amendment to the Communications Decency Act to ensure “providers of an interactive computer service” were not liable for what people might say and do on their websites. The amendment contrasted with how publishers and broadcasters are legally accountable in the US and elsewhere for the content they make public in traditional or online form.

The amendment, which became Section 230 in the Telecommunications Act of 1996 (known as CDA 230), enabled companies such as Facebook, Google, LinkedIn (Microsoft owned since 2016), Reddit, Snapchat, Tumblr, Twitter and YouTube (Google owned since 2006) to emerge as human ingenuity allowed.

Will future restrictions stifle profit growth?

The growth of these companies seems to have outpaced their ability to police misuse of their products without them incurring any legal penalty. Across these platforms the world over, examples of compromised quality include:

  • fake news and cheapened facts
  • manipulation of algorithms to promote articles to ‘trending’ status
  • troll armies
  • bogus ‘likes’
  • web-based smear campaigns
  • viral conspiracy theories with hyped partisanship

They have amplified the role that emotion has played in discourse on these for-profit ‘public squares’ such that social media is accused of being a ‘threat to democracy’.

The controversies have roused policymakers, egged on by traditional media that has lost advertising income to these newcomers. Moves are underway in the US to extend to the internet the same regulations that govern political advertising in traditional media. Some people even question the rationale behind CDA 230.

US lawmakers are restrained when taking on the tech giants on content for two main reasons.

First, the products of these companies are beloved by their billions of users so anything that would disrupt these services would prove unpopular.

Second, digital platforms are difficult to regulate, no matter their size, because they are different from traditional publishers and broadcasters.

The content-heavy business models of the platforms are likely safe for now.

That said, the tech companies (as distinct from their products) have shed much goodwill in recent years as these and other controversies have swirled. With so many controversies raging, the platforms are under pressure to limit abuses on their inventions that have a more sinister side than their creators perhaps expected.

Platforms must take more control or regulators will force them to

It’s already happening. US Republican and Democratic senators are pushing (via the Honest Ads Act) to end the exception from laws governing advertising that online has enjoyed since 2006. While legislation on political ads stands a fair chance of being passed, the challenge for lawmakers on content remains that the internet is unique. Digital platforms refute suggestions they are publishers or broadcasters even though many people go to them for their news.

The tech industry overall says that CDA 230 is a needed protection for online services that provide third-party content and for bloggers who host comments from readers. Without the exception, sites would either forgo hosting content or be forced to ensure content didn’t breach laws – a claim that would apply differently across the platforms.

The solution for US politicians would seem to be to impose content rules on the digital platforms that are forceful but less stringent than those governing traditional media. Germany’s new Network Enforcement Law is a portent of regulation to come – it is regarded as the toughest of laws passed recently to regulate internet content in more than 50 countries. Under the German law effective from October 1, digital platforms face fines for hosting for more than 24 hours any content that “manifestly” violates the country’s Criminal Code, which bars incitement to hatred or crime.

In the US, a workable compromise on regulating content could take time, even years, to work out. With the public still enamoured with their favourite platforms, the tech companies will enjoy the protections that flow from CDA 230 for a while yet.

 

Michael Collins is an Investment Specialist at Magellan Asset Management, a sponsor of Cuffelinks. This material is general informational and should not be considered as investment advice or a recommendation of any particular security, strategy or investment product.

 

  •   30 November 2017
  •      
  •   

 

Leave a Comment:

RELATED ARTICLES

The future of media: It's game on, now!

banner

Most viewed in recent weeks

Are you making these SMSF mistakes?

After four decades advising investors, there are a few common mistakes I've seen SMSF investors make. From holding too much cash and chasing yield to overtrading and trusting tips. Are these errors costing you?

Why have Australian living standards 'fallen' and how do we fix it?

For the last few years there has been much talk of a 'cost-of-living' crisis in Australia and of 'falling living standards'. Lately this has flared up again with the pickup in inflation resulting in a renewed fall in real wages.

Will you run out of money in retirement?

Fear of running out has become a defining retirement anxiety. Why do some retirees die with substantial wealth while others deplete their nest egg? Evidence suggests the answer is more complicated than we think. 

Retirement spending is not one-size-fits-all

New data challenges the idea that Australians are underspending their super. The bigger issue may be helping retirees navigate complexity, make confident decisions and use their savings to support security, wellbeing and choice.

Four options for an income investor’s next dollar

What if Australia’s golden age of dividends is ending? Rather than overhaul your portfolio, it may be worth considering where new capital can work harder. I discuss four income strategies and the trade-offs behind each.

The missing link in the CGT debate

A little-noticed consequence of Labor’s tax changes could have implications well beyond investors’ tax bills. The issue raises bigger questions about incentives, capital allocation and the drivers of long-term economic growth.

Latest Updates

SMSF strategies

Meg on SMSFs: What do we think about reversionary pensions these days?

Reversionary pensions have long been a staple of SMSF estate planning, but are they still the best option? Meg Heffron revisits a once-clear favourite and asks whether changing super rules have shifted the balance.

The ageing ‘crisis’ has not and will not happen

Rising age dependency is frequently treated as a warning sign for economies. But when actual workforce participation is examined, a strikingly different picture emerges about ageing, productivity and economic sustainability.

Retirement

How does the 4% rule stack up?

The 4% rule has long been retirement's gold standard. But after a difficult period for investors, fresh analysis suggests a more conservative approach may significantly improve the chances of making savings last.

Shares

Four charts that expose market concentration risk

Investors have recently been rewarded for backing market leaders, but history suggests this eventually comes at a cost. Now may be the time to review whether your portfolio is carrying unintended risks beneath the surface.

Investment strategies

The case for gearing beyond property

Most Australians gear into property but ignore shares. That may be a mistake. Used carefully, geared equity strategies can enhance long-term returns, reduce cash tied up in growth assets and support retirement income goals.

Economy

Australia's $1 trillion debt pile

The headlines exclaiming that Australian government debt has hit A$1 trillion and US government debt has hit $40 trillion has turned heads, but how serious are they really? Will Australia's mix of debt create challenges?

Economy

Has 100 years of growth made us any happier?

For decades, GDP has been the benchmark for economic success, but has it made us materially happier? If happiness does not rise in lockstep with prosperity, are we overlooking what constitutes a successful society?

Sponsors

Alliances

  • ASA-Logo-RGB-ActiveGreen-web.png

© 2026 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.