Senators grill tech chiefs over content decisions, suggest legal changes

A U.S. Senate committee grilled the chief executives of Facebook, Google and Twitter Wednesday on their companies’ content moderation decisions.

Although the hearing was set to discuss a legal shield protecting internet platforms from liability for what users post on their sites, lawmakers attacked the tech giants’ policies as they relate to public health, voter misinformation and election interference rather than focusing on the law itself.

Republicans accused the companies of censoring conservative viewpoints, while Democrats claimed they are not going far enough to prevent the spread of misinformation and extremist content.

The Senate Committee on Commerce, Science and Transportation hearing was convened in response to accusations of anticonservative bias and subsequent calls for curbs on Section 230 of the Communications Decency Act. That foundational internet regulatory law exempts platforms from lawsuits over content generated by users.

The companies all warned of potential restrictions to free speech if the law were amended or repealed. They instead urged increased transparency and accountability.

“Without Section 230, platforms could be held liable for everything people say,” Facebook CEO Mark Zuckerberg said in an opening statement. “There would be much greater pressure to take down content to avoid legal risk.”

But senators largely used the hearing to criticize moderation or censoring judgments they argued were unfairly adjudicated.

Republicans repeatedly took aim at Twitter’s refusal to take down tweets from Iran Ayatollah Ali Khamenei to demonstrate the alleged partisan application of its policies.

“It’s strange to me you flagged tweets from [President Donald Trump] but haven’t hidden the Ayatollah’s tweets on Holocaust denial or wiping Israel off the map,” said Sen. Cory Gardner, R-Colo., referring to Trump’s tweets saying mail-in ballots are highly vulnerable to fraud.

In a response highlighting the confusing nature and enforcement of social media platforms’ content moderation policies, Twitter CEO Jack Dorsey replied that the company’s terms of service only restrict misinformation in three categories: manipulated media, public health as it relates to COVID-19 and election interference. He also referred to a different set of policies pertaining solely to world leaders. He said their posts are flagged and context is added to them instead of taking them down, unless they incite violence against people in their own countries.

“We don’t have a policy against that type of misleading information,” he said about the Ayatollah’s tweets denying the Holocaust occurred.

Another intensely discussed topic was Twitter’s decision to restrict the spread of a New York Post article about Hunter Biden, the son of Democratic nominee Joe Biden, and his business affairs with Ukraine.

Dorsey said the article was flagged because it violated the company’s hacked materials policy, which restricts users from sharing content that his employees suspect was obtained in illegal ways.

Sen. Ted Cruz, R-Texas, argued the article’s removal is further evidence of conservative suppression because Twitter did not treat a New York Times story on Trump’s tax returns the same way.

Democrats, meanwhile, pressed the chief executives over not doing enough to take down content with false information and radicalizing viewpoints.

Sen. Tammy Baldwin, D-Wis., cited tweets from Trump saying he has immunity from COVID-19 and the virus is subsiding. She also said extremist militia groups use Facebook to recruit members.

Zuckerberg responded by referring to Facebook’s ban on conspiracy networks, such as QAnon, and its work referring to federal authorities a Michigan militia’s plan to kidnap the governor.

Sen. Shelley Capito, R-Va., was the lone lawmaker to ask substantive questions on Section 230 revision. He asked how to redefine the law so it does not give sweeping immunity.

Google CEO Sundar Pichai advocated for it to remain, offering broad liability protections, since he said it gives companies the flexibility to take action in situations that have never been considered.

“The content is so dynamic,” he said, citing when teenagers began eating detergent pods.