This is not entirely true. I’m not sure what the law is on slander (which would be the law in question here, I believe), and if social media companies would be breaking the law if they allow slander to be distributed on their platform.
But regardless if it turns out that the story is bogus, and the NYP is charged with slander, but this article had a widespread distribution and is successful in swaying voters on a false claim. Then the damage to democracy is quite significant, but the NYP gets away with a fairly minor charge of slander.
There needs to be a new solution. And this is a step towards that. Might be the wrong step...
Free market: censors things
Conservatives: no, not like that
Literally the opposite of the case. Due to the power of Section 230, the online platforms are shielded from the normal liability, which gives them an inherent advantage. Section 230 distorts the market, making it non-free.
See also: the excellent "Propaganda, censorship, and surveillance are all attributes of monopoly"[1] story from earlier on today.
Moreover, the Section 230 was specifically created to distort the market, to help kickstart the online communications and commerce, by giving it an edge over the other businesses. Now that it has done its job, we can revoke the Section 230, and return to actual free market. Where a tortious interference would be sorted out by a lawsuit.
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I think you spelled, "where posters freely waive their right to sue the forum as part of their publishing contract" wrong