Carr Links Section 230 Immunity to Acting in Good Faith

WASHINGTON, Nov. 24, 2024 – Incoming Federal Communications Commission Chairman Brendan Carr continues to believe the agency has a role in defining the limits of a law that provides broad immunity to online publishers and social media platforms.

Carr, in an interview Friday, said immunity found in Section 230 of the Communications Act applied to the extent covered entities acted in good faith. He questioned whether reliance on online news watchdogs like NewsGuard was a sign of good faith.

"Companies only get these special what we call Section 230 protections if they engage, as relevant here, in good faith conduct. And is relying on something like NewsGuard really good faith?" said Carr, a Republican FCC Commissioner since 2017.

He added, "I think people that are continuing to do that are putting their Section 230 liability pretty seriously at risk. There's a lot the FCC can do on these issues."

Carr, named last Sunday as the next FCC Chairman by President-elect Donald Trump, made his comments Friday on the Dana Show, hosted by popular conservative commentator Dana Loesch, who is heard on 250 radio stations across the country.

Carr, in a Nov. 13 letter to heads of Google, Facebook, Microsoft, and Apple, raised several questions about their possible involvement with NewsGuard, which Carr claims has been at the center of an effort to ban or marginalize conservative opinion. NewsGuard Co-CEO Gordon Crovitz has strongly denied those allegations. Carr has asked for a response by Dec. 10.

In the days ahead, Carr said he planned to meet with Trump aides to lay the foundation of his agenda.

"I want to make sure at the outset that I understand 100% what the President's agenda is and wants to get done," Carr said. "The President is the one that was elected. His administration should be delivering on his policies."

Carr said his initial focus will be on Big Tech and ways he can protect free-speech rights.

"We've been living through an unprecedented surge in censorship the last couple of years. I've described it as a censorship cartel," he said. "There's many, many actors that are involved there, and there's a role for the FCC to play."

Within the FCC, Carr said he wants to help spur economic growth fueled by the growing space industry. He also pointed to permitting reform and restoring the FCC's authority to auction radio spectrum licenses.

"Critically, we have to unleash America's space economy, rather than chapping at Elon Musk and Starlink and hopefully soon, Amazon's Project Kuiper," he said. "Let's let those guys go. It's great for the country."

In January 2023, the FCC under FCC Chairwoman Jessica Rosenworcel established the Space Bureau within the agency to better support the needs of the growing satellite industry.