content-moderation

name	content-moderation
description	Use when identifying legal obligations for platforms hosting user-generated content. Covers intermediary liability (Section 230, EU DSA), DMCA takedown procedures, illegal content obligations, CSAM reporting requirements, and content moderation transparency mandates. USE FOR: Section 230, EU Digital Services Act, DMCA, intermediary liability, content moderation, takedown procedures, CSAM reporting, terrorist content regulation, online safety, platform liability, safe harbor DO NOT USE FOR: content filtering implementation (use platform-specific skills), intellectual property strategy (use intellectual-property), consumer protection terms (use consumer-protection)
license	MIT
metadata	{"displayName":"Content Moderation","author":"Tyler-R-Kendrick"}
compatibility	claude, copilot, cursor
references	[{"title":"EU Digital Services Act (EUR-Lex)","url":"https://eur-lex.europa.eu/eli/reg/2022/2065/oj"},{"title":"U.S. Code Section 230 — Communications Decency Act","url":"https://www.law.cornell.edu/uscode/text/47/230"},{"title":"U.S. Copyright Office — DMCA","url":"https://www.copyright.gov/dmca/"}]

Content Moderation

Disclaimer: This skill provides general educational information about legal topics relevant to software development. It is not legal advice. Laws vary by jurisdiction and change frequently. Always consult a qualified attorney licensed in the relevant jurisdiction before making legal decisions for your organization.

Overview

Any platform that hosts, transmits, or displays user-generated content faces legal obligations around content moderation, illegal content removal, and transparency. The legal landscape varies dramatically by jurisdiction -- from broad immunity (US Section 230) to proactive monitoring obligations (EU DSA for very large platforms). Understanding these frameworks is essential for any company operating a platform where users can post, share, or communicate content.

Intermediary Liability Frameworks

Framework	Jurisdiction	Approach	Key Provision
Section 230 CDA	US	Broad immunity	Platforms are not liable for third-party content, with exceptions for federal criminal law, intellectual property, and CSAM
EU Digital Services Act	EU	Conditional immunity with obligations	Notice-and-action procedures, transparency requirements, risk assessments for VLOPs, and systemic risk management
E-Commerce Directive Art 14	EU (legacy)	Hosting immunity if no actual knowledge	Being superseded by the DSA; provided immunity for hosting services that did not have actual knowledge of illegal content
Online Safety Act	UK	Duty of care	Proactive measures required for priority illegal content, plus child safety duties for platforms likely to be accessed by children
IT Act Section 79	India	Safe harbor with conditions	Due diligence requirements for intermediaries, including 36-hour takedown on government order
NetzDG	Germany	Platform accountability for illegal content	24-hour removal for clearly illegal content, 7 days for other illegal content, with reporting obligations

DMCA Takedown Process

The Digital Millennium Copyright Act (DMCA) establishes a structured process for addressing copyright infringement on online platforms. Following this process correctly is essential to maintaining safe harbor protection under Section 512 of the US Copyright Act.