Wrong.
Patreon is leveraging a flawed interpretation of United States legislative frameworks to its advantage. By moderating content according to its own subjective standards, Patreon effectively assumes the role of a content creator or publisher. Simultaneously, Patreon claims the protections afforded to platforms under Section 230 of the Communications Decency Act, which shields platforms from liabilities typically associated with content creation or editorial decisions. This dual approach raises significant legal and ethical questions.
Under the current legislative framework, platforms invoking Section 230 protections are afforded substantial immunity from liability for user-generated content. However, by actively and selectively moderating content beyond what is strictly necessary for legal compliance, Patreon risks exceeding the bounds of its role as a neutral intermediary. In doing so, it arguably partakes in discriminatory or unfair practices, particularly when such moderation results in the removal or restriction of content that is otherwise lawful under federal or state law.
This systemic issue exposes a critical flaw in the existing legislation. Creators who rely on platforms operating under the umbrella of Section 230 should not be subjected to the arbitrary or overly restrictive terms of service imposed by these platforms. Instead, their obligations should align primarily with the legal standards established by the government. The selective enforcement of platform-specific rules undermines creators’ rights and stifles lawful expression, effectively subjecting them to a quasi-legal framework established unilaterally by private entities.
In conclusion, Patreon’s actions in banning content that is legally permissible within the jurisdiction of the United States are both problematic and indicative of a broader issue. The law must be amended to ensure that platforms claiming Section 230 protections adhere strictly to their role as neutral intermediaries. Any deviation from this role—particularly actions resembling those of a publisher—should result in the forfeiture of such protections, ensuring fairness for creators and adherence to legislative intent.