Section 230 Immunity and Generative Artificial Intelligence

Over the past year, technology companies have expanded access to services capable of creating content using artificial intelligence (AI). Applications such as Microsoft’s Bing or Google’s Bard, are capable of generating new content like text, images, and videos form a subset of AI applications often referred to as “generative AI.”

Section 230 creates federal immunity for publishing another person’s content online. Specifically, Section 230, enacted in the Communications Decency Act, prevents providers and users of “interactive computer services” from being held liable—that is, legally responsible—as the “publisher or speaker” of information provided by another person.