Philip M. Napoli

Duke University 

Regulating ‘Fairness’ on Social Media: Lessons from the Fairness Doctrine

Friday, March 12, 2021, 11:00 AM -12:00 PM EST
Via Zoom | RSVP Here | or email quello@msu.edu

Debates about political bias in the content curation and moderation practices of social media platforms have spilled over into the policy realm, rekindling conversations about the Fairness Doctrine and its potential utility in possible regulatory approaches to social media.  This presentation revisits the history of the Fairness Doctrine, including its frequent recurrence as a point of reference in subsequent media policy debates, and uses this history as a lens for critically examining current proposals for integrating Fairness Doctrine-like principles into a regulatory framework for social media, including efforts to make Section 230 immunity from liability contingent upon platforms exhibiting greater “fairness” in their content curation and moderation practices.  This presentation will pay particular attention to fundamental technological and political differences between the legacy and current contexts, as well as to key lessons from the Fairness Doctrine that should inform current deliberations.