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Identifying off topic or even illegal content is a moderation decision of the sort that a pure platform can not make. Illegal content can be taken down given a court order, but that's time consuming and there aren't nearly enough judges. Those are exactly what the law was written to allow...

The problem is that there does need to be a middle ground. If they're legally liable there can be no rapid communication or large userbase because everything has to be reviewed by a person trusted by the site owner before it goes up. If they can't censor anything every platform that gets large...