Laws & Policy
Section 230
A US federal law that largely shields online platforms from liability for content another user posts. How it applies to AI-written replies is still debated.
As of September 26, 2026, courts have not issued one national rule for whether an AI system's own reply is covered by Section 230. This page stays with the statute.
- Policymakers and staff
- Businesses
This is general information, not legal advice.
What parents should know
Section 230 is the federal rule that usually keeps a website from being treated as the publisher of what someone else posts. Families hear it when a platform says it is not responsible for a user's words. Whether that shield covers words the AI itself wrote is not settled. This page does not pick a side.
On this page
What is Section 230?
Section 230 of the Communications Act, 47 U.S.C. § 230, says that an interactive computer service is generally not treated as the publisher or speaker of information another information content provider posted. Platforms use that sentence when they are sued over a user's review, a forum post, or a video. The statute also says platforms may remove objectionable material without, by that removal alone, becoming the publisher of everything else. There are exceptions, including federal criminal law, intellectual property, and certain sex-trafficking claims. Those exceptions are in the statute. They are not a blank check, and they are not a total shield.
AI chats raise a different question. If a person posts the words, Section 230's usual story is familiar. If the model drafts the reply, some people argue the company provided the information itself. Others argue the user's prompt is still the source. As of September 26, 2026, this page does not cite a Supreme Court decision that settles that split for chatbot output. Treating any one trial order as the national rule would overstate it.
Why Section 230 matters
Parents and policymakers sometimes hear that platforms can never be sued, or that they can always be sued, because of Section 230. Both lines skip the statute. The shield is about information provided by another person, with listed exceptions. A product can still have duties under other laws, including privacy rules and state chatbot statutes, and those other laws have their own preemption fights.
For a family, the practical question is still what the product does: who can read the chat, what happens in distress, and what the tool is for. Section 230 does not answer those product questions.
These state laws are not copies of each other. A duty in Georgia may be missing in Tennessee, and a date in one state is not a date in the next. Whether Congress will override some of them is a live debate, described on the federal AI preemption page. Until a federal statute actually does that, read the state text that applies to you.
How it shows up in practice
- A platform answers a lawsuit over a user's post by pointing at Section 230.
- A lawsuit over the chatbot's own paragraph raises the unsettled question this page refuses to decide.
- A state chatbot law and a Section 230 defense show up in the same briefing. They are not the same sentence.
- A parent still asks to see the transcript, which Section 230 does not provide.
How HeyOtto helps
Section 230 largely shields platforms for someone else's posts, and courts have not settled how it applies to AI-written replies. HeyOtto does not treat that debate as a product feature. A parent creates the account and can read the chats. Topic limits and crisis resources in the chat are available now.
- Parents can read chats in the parent dashboard.
- Distress produces an alert and crisis resources, not an automatic call to emergency services.
- HeyOtto does not claim this statute is already satisfied.
For families
Try freeFAQs
Does Section 230 cover AI-generated replies?
It is debated, and this page does not treat it as settled. The statute is about information provided by another information content provider. Whether a model's own output fits that phrase is a question courts are still working through. Check the cases, not a glossary, for a holding.
Does Section 230 block every lawsuit?
No. The statute has exceptions, including federal criminal law and intellectual property. Other statutes can impose duties that Section 230 does not erase. This is general information, not legal advice.
Does Section 230 decide if a parent can read a chat?
No. That is a product and privacy question. On HeyOtto, a parent creates the account and can read the chats.
Sources
Last reviewed September 26, 2026. Law entries are reviewed every quarter.
This is general information, not legal advice.
