Trump hasn’t spoken about Section 230 in more than three years

In December 2022, shortly after he announced a bid to return to the White House, Donald Trump took aim at a provision of federal communications law known as Section 230.

The provision, passed as part of the Telecommunications Act of 1996, generally protects internet providers from being held legally responsible for posts by users of those platforms.

Trump said this protection should only be offered if the platforms practice "neutrality" in how they moderate user content.

"I will ask Congress to send a bill to my desk revising Section 230 to get big online platforms out of the censorship business," Trump said in December 2022. "From now on, digital platforms should only qualify for immunity protection under Section 230 if they meet high standards of neutrality, transparency, fairness, and non-discrimination."

However, that's the last time Trump has mentioned Section 230, according to FactBase, which tracks every public comment by the president.

"There is no legislation that would do what President Trump has called for that is currently moving through Congress," said Kate Ruane, director of the free expression project at the civil liberties advocacy group Center for Democracy & Technology.

Supporters of Section 230 say the measure encourages free expression by allowing users to comment on the internet without the need for platforms to scrutinize posts in advance. Critics counter that the section insulates tech platforms from having to answer legally for instances of hate speech, child exploitation or illegal activity online. 

Each side of the debate includes some Republican and Democratic lawmakers, and technology companies are also divided on whether to keep Section 230 as is or to contemplate changing it.

Trump hasn't ignored technology policy during his second term, but his efforts have been directed more towards getting tech platforms and CEOs aligned with his administration than on making legislative or regulatory changes to Section 230.

Congressional action has been limited. In December, in advance of Section 230's 30th anniversary, Sens. Lindsey Graham, R-S.C., and Dick Durbin, D-Ill., introduced the Sunset Section 230 Act, which would do something different than what Trump wanted — it would end Section 230 outright on Jan. 1, 2027. 

In addition to Graham and Durbin, four Senate Republicans and three Senate Democrats signed on as cosponsors. But the measure has yet to advance. Trump has made no statements on the bill.

Separately, the Federal Communications Commission might be able to play a role in implementing Section 230, though the commission's ability to shape how Section 230 is carried out could be open to legal challenge, experts said.

Regardless, the FCC chairman tapped by Trump, Brendan Carr, expressed reluctance to get involved in Section 230 after influencer Charlie Kirk was assassinated in September, an incident that initiated a wide debate over freedom of speech and its limits.

In September, Carr said, "I think the debate around Section 230 is still live, but I think given the changes that we're seeing on social media, I think right now, for my part, I'm in a trust but verify posture," Politico reported.

Between Trump's silence on the issue, Congress's lack of legislative traction and the FCC's reluctance to get involved, this promise is Stalled.