Public opinion enforces obligations that courts will never bind into platforms

Evidence

But the implicit contract is now such that they are held accountable for some of the harms of fake news, and must find ways to intervene. This is not a contract that will ever bind the platforms in court, but it is certain to be upheld in the court of public opinion. Even as moderation grows more complicated and costly, the expectations of users have grown not more forgiving but more demanding. That is the collective enforcement of the implicit contract, and right now it is pushing platforms away from the safe harbors they have enjoyed. — Tarleton Gillespie, Custodians of the Internet, 635

Categorization

• XREF: Extends the earlier safe-harbor discussion from ch2: legal immunity has not sheltered platforms from public expectation. — connects to: The current platform disillusionment is a cultural-bubble hangover — Tarleton Gillespie, Custodians of the Internet: Platforms,…, 624; Legal rights are unenforceable when the entire community opposes them — Ambedkar, B R, Annihilation of Caste_ The Annotated…, 37; The threat of publicity substitutes for formal judicial enforcement. — Lisa Bernestein, Opting out of the Legal System, 107 (+1 more)

Broader Connections

• The threat of publicity substitutes for formal judicial enforcement. #corroborates (0.85) — Lisa Bernestein, Opting out of the Legal System, 107
• Legal rights are unenforceable when the entire community opposes them #corroborates (0.80) — Ambedkar, B R, Annihilation of Caste_ The Annotated…, 37