PROMISE Act

To require covered entities to implement and disclose information moderation policies, and for other purposes. 1. Short title This Act may be cited as the Promoting Responsibility Over Moderation In the Social-media Environment Act PROMISE Act 2. Purpose The purpose of this Act is to ensure that users of a covered entity have the necessary information regarding such entity's policy on moderating information provided by a user or other information content provider. Access to such a policy enables users to make informed choices regarding the use or purchase of services provided by the covered entity and promotes a competitive marketplace for such services. 3. Information moderation policies (a) Requirement (1) In general A covered entity— (A) shall implement and operate in accordance with an information moderation policy (as described in paragraph (2)); (B) shall disclose such information moderation policy in a publicly available and easily accessible manner; and (C) shall not make a deceptive policy statement with respect to such information moderation policy. (2) Information moderation policy The information moderation policy described in this paragraph is a policy that accurately describes, in plain, easy to understand language, information regarding the business practices of a covered entity with respect to the standards, processes, and policies of the covered entity on moderating information provided by a user or other information content provider, including— (A) any category of information that— (i) the covered entity does not permit on its service; or (ii) is subject to moderation by users or providers of such covered entity; (B) the process which a user or provider of the covered entity utilizes to moderate information posted, published, or otherwise displayed on the service; and (C) the notification process, if any, which the covered entity uses to inform a user— (i) that such user's information has been moderated; (ii) of the rationale justifying the moderation decision; and (iii) of the user's options for redress, if any. (b) Enforcement by the Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of subsection (a) shall constitute an unfair or deceptive act or practice in commerce in violation of section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) (2) Powers of commission Subject to paragraphs (4) and (5), the Commission shall enforce subsection (a) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (3) Regulations The Commission shall prescribe, in accordance with section 553 of title 5, United States Code, such regulations as are necessary to carry out the purposes of this section, including regulations as may be necessary or appropriate to administer and carry out the purposes and objectives of this section. (4) Presumption of materiality With respect to a violation of subsection (a), there shall be a rebuttable presumption that a deceptive policy statement is material and likely to cause injury. (5) Application to common carriers Notwithstanding the definition of the term Acts to regulate commerce 15 U.S.C. 44 15 U.S.C. 45(a)(2) (c) Definitions In this section: (1) Commission The term Commission (2) Covered entity The term covered entity (A) is an interactive computer service; (B) is engaged in interstate or foreign commerce; and (C) moderates information provided by a user or other information content provider. (3) Deceptive policy statement The term deceptive policy statement (A) misleads or is likely to mislead a reasonable individual regarding the covered entity's service; and (B) affects or is likely to affect a reasonable individual's choice to use or use of the covered entity's service. (4) Information content provider The term information content provider 47 U.S.C. 230(f) (5) Interactive computer service The term interactive computer service 47 U.S.C. 230(f) (6) Moderate With respect to information provided by a user or other information content provider, the term moderate (A) to remove or otherwise restrict access to or the availability of such information; (B) to edit or otherwise alter such information; or (C) to post, publish, or otherwise display a warning, fact-check notice, or other label in conjunction with such information.

Summary: Promoting Responsibility Over Moderation In the Social-media Environment Act or the PROMISE Act This bill requires interactive computer services (e.g., social media companies) to establish and publicly disclose policies for moderating content on their services. This includes the categories of information that are not permitted on the service, the process by which information posted on the service is moderated, and how the service provider notifies users that information has been moderated. These moderation policies are enforced by the Federal Trade Commission.