this post was submitted on 28 Aug 2023
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I think they have oversimplified the situation to the point that it is wrong.
Arguably, Lemmy instance providers (depending on where they live) are protected in the same way Facebook or other content hosts are. So long as you are acting in good faith you are protected against any illegal content your users upload. This does mean you need to remove illegal content as you become aware of it, you can't just ignore what your users are doing.
There have been cases where although a user technically 'possessed' CSAM, it was shown that they did so unknowingly via thumbnails or it being cached. The police do investigate where it came from. It's not as simple as just sending it to someone and you can have them convicted.
Yes, you'd just need to show that you actively moderate/apply content policies.
This will vary by jurusduction, but most of the West has laws similar to this I believe.