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Compliance & regulatory

CDA Section 230

US law shielding online platforms from liability for user content.

47 USC § 230 (Communications Decency Act § 230) provides US-based platforms with immunity from liability for most user-generated content. Relevant to affiliate marketing because Section 230 is what protects review sites, comparison pages, and forums from being sued over third-party-published claims about an advertiser. Multiple 2024–2026 court cases and bills (KOSA, FAS proposed amendments) have continued to narrow Section 230 — operators should monitor.

Example

Affiliate review site hosts user-comments on product reviews; CDA 230 immunity protects the site operator from being sued by a manufacturer over a negative user review, provided the operator does not edit or curate the comment.

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