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Politiparty

118th Congress Science, Technology, Communications

S. 921: DISCOURSE Act

Introduced

  1. Introduced (completed)Mar 22, 2023
  2. Passed Senate (not reached)
  3. Passed House (not reached)
  4. To the President (not reached)
  5. Became law (not reached)

Summary

Introduced in Senate, Mar 22, 2023

This bill limits federal liability protections for a user or provider of an interactive computer service (e.g., a social media company) related to content provided by third parties. It also requires a provider that offers its service through a mass-market offering to the public to disclose information about its content moderation activities.

The bill removes liability protections (sometimes referred to as section 230 protection) for a provider with a dominant market share if the provider

  • promotes or suppresses a viewpoint through its content moderation, including by affecting a content creator's revenue;
  • uses automated processes (e.g., algorithms) to target and amplify content provided to a user who has not requested or searched for the content; or
  • solicits, funds, modifies, or otherwise contributes to content.
Read the full summary

Currently, a provider retains liability protections even when it restricts access to materials that it considers objectionable. Under this bill, a provider retains protections if restricted materials fall, based on an objectively reasonable belief, into a prescribed list of harmful or unlawful categories.

Additionally, the liability protections shall not apply to providers that (1) restrict access to content in a manner that burdens the exercise of religion, or (2) fail to comply with an existing requirement to notify customers of options for limiting a minor's access to harmful online content (e.g., parental controls).

The bill also changes legal procedures related to the liability protections, including by specifying that the protection serves as an affirmative defense.

Written by the Congressional Research Service, Library of Congress.

Roll calls

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Amendments

0 offered

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Cosponsors

1

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Other bills by Marco Rubio

History

  1. Mar 22, 2023Introduced in the Senate by Marco Rubio.
Show the full action history (2 actions)
  1. Mar 22, 2023Introduced in Senate
  2. Mar 22, 2023Read twice and referred to the Committee on Commerce, Science, and Transportation.