Introduction
The internet has transformed how professional photographers showcase their work, connect with clients, and run their businesses. For platforms like SmugMug, a family-owned photo hosting and e-commerce service, the legal framework known as Section 230 of the Communications Decency Act is critical to their survival. In an interview, Ben MacAskill, President and COO of SmugMug's parent company Awesome, explained how this law underpins the entire online photography ecosystem.
Background: SmugMug and Flickr
Founded in 2002, SmugMug provides photographers with tools to display portfolios, deliver client galleries, sell prints, and manage payments. In 2018, SmugMug acquired Flickr, adding tens of millions of active hobbyist photographers to its user base. The parent company, Awesome, also includes the media network This Week in Photo and the nonprofit Flickr Foundation, which preserves publicly available photography. MacAskill has been an active voice in policy debates about Section 230 and online platform regulation.
What Is Section 230?
Section 230 offers a crucial shield: it protects interactive computer services from being treated as the publisher of third-party content. For a platform like SmugMug, this means they are not automatically liable for every photo, comment, or interaction users upload. As MacAskill put it, the law allows a small, family-run business to operate without the impossible burden of policing every piece of content.
This protection does not grant immunity for illegal behavior. SmugMug still must cooperate with law enforcement and remove unlawful material when discovered. But without Section 230, the company would face a financial and operational nightmare.
The Business Perspective
According to MacAskill, Section 230 makes it scalable for SmugMug to serve millions of photographers. If the law were eliminated or significantly narrowed, platforms like his would have to pre-screen every upload and comment. That would mean hiring massive moderation teams or implementing automated filters, both prohibitively expensive for a relatively niche service.
He noted that many such platforms are not wildly profitable. The cost of manual review could easily bankrupt them. Instead of focusing on innovation and customer service, they would be stuck in a defensive posture, constantly worrying about potential liability from a single malicious user.
What Would Happen If Section 230 Were Repealed?
MacAskill painted a stark picture: photographers could see their work delayed for days or weeks while waiting for moderation queues. Imagine a wedding photographer unable to deliver galleries until every image has been manually checked. This would fundamentally change the real-time nature of the internet, making it akin to an offline approval process. He compared it to posting on Instagram and being told to wait eight to twelve days for a response.
Beyond inconvenience, the legal exposure would be devastating. If a single nefarious user uploads illegal content that slips through, the platform owner could be held personally liable. MacAskill emphasized that he cannot possibly know whether every photo is appropriate or legal at the moment of upload.
Content Moderation Practices at SmugMug
SmugMug does not ignore illegal content. As soon as they become aware of a violation, they report the user and remove the material. They work closely with organizations like the National Center for Missing & Exploited Children (NCMEC) and law enforcement. However, they rely on users to flag problematic content and on automated tools to surface suspicious activity, rather than pre-screening every upload.
This reactive approach is typical for platforms that host user-generated content. Without Section 230, they would be forced into a proactive, exhaustive moderation model that is neither practical nor affordable.
Conclusion
For photographers depending on online platforms, Section 230 is not an abstract legal concept; it is the foundation that allows them to run their businesses efficiently. As MacAskill pointed out, the internet still works because small platforms like SmugMug can operate without the constant threat of ruinous litigation. Preserving this law is essential for the vibrant online photography community.