US President Donald Trump is planning to issue an executive order to restrict social media companies from taking down posts on their platforms, the Washington Post reported. Additionally, the order would limit US federal agencies from spending money on advertising on "online platforms that violate free speech principles". The move comes after Trump lashed out at Twitter for adding a fact-check label to two misleading tweets he posted on mail-in voting leading to election fraud. Trump is reportedly planning on signing this executive order today, and the New York Times said that it is "almost certain" to be challenged in court. A draft of the executive order, titled "Preventing Online Censorship", was released by Kate Klonick, assistant professor at St. John's University of Law. David Kaye, the UN's Special Rapporteur on Promotion and Protection of the Right to Freedom of Opinion and Expression, said that the order was an intimidation tactic rather than a serious policy measure to advance free speech rights. "Trump wants to draw everyone into what looks like a policy debate about the scope of platform immunity," he said. "But it’s not that! it’s a ploy for him to dominate and eviscerate public oversight of his lies." Increasing the civil liability for social media companies The draft executive order (accessible on Klonick's website here) represents a significant attack on safe harbour that social media companies enjoy as intermediaries under Section 230 of the Communications Decency Act. The order has a peculiar interpretation of subsection (c)(2) of the Section,…
