Stopping Big Tech's Censorship Act

To amend section 230 of the Communications Act of 1934 to require that providers and users of an interactive computer service meet certain standards to qualify for liability protections. 1. Short title This Act may be cited as the Stopping Big Tech's Censorship Act 2. Scope of liability Section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 (1) in subsection (c)— (A) in paragraph (1)— (i) by striking No provider (A) In general No provider ; (ii) in subparagraph (A), as so designated, by inserting after interactive computer service that takes reasonable steps to prevent or address the unlawful use of the interactive computer service or unlawful publication of information on the interactive computer service (iii) by adding at the end the following: (B) Definition For purposes of this paragraph, the term unlawful use of the interactive computer service or unlawful publication of information on the interactive computer service ; (B) in paragraph (2)— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (ii) in the matter preceding clause (i), as so redesignated, by striking No provider (A) In general Subject to subparagraph (B), no provider ; and (iii) by adding at the end the following: (B) First Amendment requirements (i) In general Subject to clause (ii), a provider or user of an interactive computer service that takes action under clause (i) of subparagraph (A) to restrict access to or availability of constitutionally protected material shall not be eligible for the protection under that subparagraph unless— (I) the action is taken in a viewpoint-neutral manner; (II) the restriction limits only the time, place, or manner in which the material is available; and (III) there is a compelling reason for restricting that access or availability. (ii) No punitive damages A court that holds a provider or user of an information computer service liable on account of action taken to restrict access to or availability of material as described in subparagraph (A)(i) because the provider or user did not meet the requirements under clause (i) of this subparagraph may not award punitive damages against the provider or user for taking that action. ; and (C) by adding at the end the following: (3) Notice requirements To be eligible for protection under this subsection— (A) a provider of an interactive computer service shall, in any terms of service or user agreement produced by the provider, clearly explain the practices and procedures used by the provider in restricting access to or availability of any material; and (B) a provider or user of an interactive computer service that decides to restrict access to or availability of any material shall provide a clear explanation of that decision to the information content provider that created or developed the material. (4) Burden of proof In any action or proceeding in which a party asserts paragraph (1) or (2) as a defense to liability, the party alleging liability shall bear the burden of demonstrating that the other party is not entitled to immunity under that paragraph. ; (2) in subsection (e), by adding at the end the following: (6) No effect on Federal civil liability Nothing in this section shall be construed to impair or limit any civil enforcement action brought by a Federal agency, office, or other establishment arising from any violation of a Federal statute or regulation. ; and (3) in subsection (f), by adding at the end the following: (5) Constitutionally protected material The term constitutionally protected material .

Summary: Stopping Big Tech's Censorship Act This bill modifies the requirements that providers and users of interactive computer services (e.g., social media companies) must meet in order to qualify for certain liability protections. Specifically, in order to be exempt from being treated as the publisher or speaker of any information published by a third-party information content provider, a provider or user of an interactive computer service must take reasonable steps to prevent or address the unlawful use of such service or unlawful publication of information on the service. Further, the bill removes the protection against civil liability for a provider or user of an interactive computer service that voluntarily takes action in good faith to restrict access to or availability of certain offensive material, unless such action meets specified First Amendment requirements. Lastly, to be eligible for protection from liability for information published by a third-party information content provider, a provider or user of an interactive computer service must meet certain notice requirements.