Section 230 helps make it possible for online communities to host user speech: from restaurant reviews, to fan fiction, to collaborative encyclopedias. But recent debates about the law often overlook how it works in practice. To mark its 30th anniversary, EFF is interviewing leaders of online platforms about how they handle complaints, moderate content, and protect their users’ ability to speak and share information.

Yelp hosts millions of reviews written by internet users about local businesses. Most reviews are positive, but over the years, some businesses have tried to pressure Yelp to remove negative reviews, including through legal threats. Since its founding more than two decades ago, Yelp has fought major legal battles to defend reviewers’ rights and preserve the legal protections that allow consumers to share honest feedback online.

Aaron Schur is Chief Legal Officer at Yelp. He joined the company in 2010 as one of its first lawyers and has led its litigation strategy for more than a decade, helping secure court decisions that strengthened legal protections for consumer speech. He was interviewed by Joe Mullin, a policy analyst on EFF's Activism Team. 

Joe Mullin: How would you describe Section 230 to a regular Yelp user who doesn’t know about the law?   

Aaron Schur: I'd say it is a simple rule that, generally speaking, when content is posted online, any liability for that content is with the person that created it, not the platform that is displaying it. That allows Yelp to show your review and keep it up if a business complains about it. It also means that we can develop ways to highlight the reviews we think are most helpful and reliable, and mitigate fake reviews in different ways, without creating liability for Yelp, because we're allowed to host third-party content.

The political debate around Section 230 often centers around the behavior of companies, especially large companies. But we rarely hear about users, even though the law also applies to users. What is the user story that is getting lost? 

Section 230 at heart protects users. It enables a diversity of platforms and content moderation practices—whether it's reviews on Yelp, videos on another platform, whatever it may be. 

Without Section 230, platforms would face heavy pressure to remove consumer speech when we’re threatened with legal action—and that harms users, directly. Their content gets removed. It also harms the greater number of users who would access that content. 

The focus on the biggest tech companies, I think, is understandable but misplaced when it comes to Section 230. We have tools that exist to go after dominant companies, both at the state and the federal level, and Congress could certainly consider new competition-based laws—and has, over the last several years. 

Tell me about the editorial decisions that Yelp makes regarding the highlighting of reviews and the weeding out of reviews that might be fake.  

Yelp is a platform where people share their experiences with local businesses, government agencies, and other entities. People come to Yelp, by the millions, to learn about these places.

With traffic like that comes incentives for bad actors to game the system. Some unscrupulous businesses try to create fake reviews, or compensate people to write reviews, or ask family and friends to write reviews. Those reviews will be biased in a way that won’t be transparent. 

Yelp developed an automated system to highlight reviews we find most trustworthy and helpful. Other reviews may be placed in a “not recommended” section where they don’t affect a business’s overall rating, but they’re still visible. That helps us maintain a level playing field and keep user trust. 

Tell me about what your process around complaints around user reviews look like. 

We have a reporting function for reviews. Those reports get looked at by an actual human, who evaluates the review and looks at data about it to decide whether it violates our guidelines. 

We don't remove a review just because someone says it's “wrong,” because we can't litigate the facts in your review. If someone says “my pizza arrived cold,” and the restaurant says, no, the pizza was warm—Yelp is not in a position to adjudicate that dispute. 

That's where Section 230 comes in. It says Yelp doesn’t have to [decide who’s right]. 

What other types of moderation tools have you built? 

Any business, free of charge, can respond to a review, and that response appears directly below it. They can also message users privately. We know when businesses respond publicly, it’s viewed positively by users.

We also have a Consumer Alert program, where members of the public can report businesses that may be compensating people for positive reviews—offering things like free desserts or discounted rent. In those cases, we can place an alert on the business’s page and link to the evidence we received. We also do this when businesses make certain types of legal threats against users.

It’s about transparency. If a business’s rating is inflated, because that business is threatening reviewers who rate less than five stars with a lawsuit, consumers have a right to know what’s happening. 

How are international complaints, where Section 230 doesn’t come into play, different? 

We have had a lot of matters in Europe, in particular in Germany. It’s a different system there—it’s notice-and-takedown. They have a line of cases that require review sites to basically provide proof that the person was a customer of the business. 

If a review was challenged, we would sometimes ask the user for documentation, like an invoice, which we would redact before providing it. Often, they would do that in order to defend their own speech online. Which was surprising to me! But they wouldn’t always—which shows the benefit of Section 230. In the U.S., you don’t have this back-and-forth that a business can leverage to get content taken down. 

And invariably, the reviewer was a customer. The business was just using the system to try to take down speech. 

Yelp has been part of some of the most important legal cases around Section 230, and some of those didn’t exist when we spoke in 2012. What happened in the Hassell v. Bird case, and why was that important for online reviewers?

Hassell v. Bird was a case where a law firm got a default judgment against an alleged reviewer, and the court ordered Yelp to remove the review—even though Yelp had not been a party to the case. 

We refused, because the order violated Section 230, due process, and Yelp’s First Amendment rights as a publisher. But the trial court and the appeal court both ruled against us, allowing a side-stepping of Section 230. 

The California Supreme Court ultimately reversed those rulings and recognized that plaintiffs cannot accomplish indirectly [by suing a user and then ordering a platform to remove content] what they could not accomplish directly by suing the platform itself.

We spoke to you in 2012, and the landscape has really changed. Section 230 is really under attack in a way that it wasn’t back then. From your vantage point at Yelp, what feels different about this moment? 

The biggest tech companies got even bigger and even more powerful. That has made people distrustful and angry—rightfully so, in many cases. 

When you read about the attacks on 230, it’s really politicians calling out Big Tech. But what is never mentioned is little tech, or “middle tech,” which is how Yelp bills itself. If 230 is weakened or repealed, it’s really the biggest companies, the Googles of the world, that will be able to weather it better than smaller companies like Yelp. They have more financial resources. It won’t actually accomplish what the legislators are setting out to accomplish. It will have unintended consequences across the board. Not just for Yelp, but for smaller platforms. 

This interview was edited for length and clarity.