SAFE TECH Act

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims’ rights, and consumer protections. 1. Short title This Act may be cited as the Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act SAFE TECH Act 2. Communications Decency Act improvements 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 Except as provided in paragraph (3), no provider ; (ii) by striking any information any speech (iii) by inserting before the period at the end the following: , unless the provider or user has accepted payment to make the speech available or, in whole or in part, created or funded the creation of the speech (iv) by adding at the end the following: (B) Affirmative defense In any action in which the defendant raises subparagraph (A) as a defense, the defendant shall have the burden of persuasion, by a preponderance of the evidence, that the defendant is a provider or user of an interactive computer service and is being treated as the publisher or speaker of speech provided by another information content provider. ; (B) in paragraph (2)(B), by striking paragraph (1) subparagraph (A) (C) by adding at the end the following: (3) Exclusion from Good Samaritan (A) Injunctive relief Paragraph (1) shall not apply to any request for injunctive relief arising from the failure of an interactive computer service provider to remove, restrict access to or availability of, or prevent dissemination of material that is likely to cause irreparable harm. (B) Limitation of liability In the case of an interactive computer service provider that complies with an order granting injunctive relief described in subparagraph (A), such compliance shall not subject the interactive computer service provider to liability for removing, restricting access to or availability of, or preventing dissemination of material subject to the order. ; and (2) in subsection (e), by adding at the end the following: (6) No effect on civil rights laws Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. (7) No effect on antitrust laws Nothing in this section shall be construed to prevent, impair, or limit any action brought under Federal or State antitrust law. (8) No effect on stalking, harassment, or intimidation laws Nothing in this section shall be construed to prevent, impair, or limit any action alleging stalking, cyberstalking, harassment, cyberharassment, or intimidation based, in whole or in part, on sex (including sexual orientation and gender identity), race, color, religion, ancestry, national origin, or physical or mental disability brought under Federal or State law. (9) No effect on international human rights law Nothing in this section shall be construed to prevent, impair, or limit any action brought under section 1350 of title 28, United States Code. (10) No effect on wrongful death actions Nothing in this section shall be construed to prevent, impair, or limit any civil action for a wrongful death. .

Summary: Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act or the SAFE TECH Act This bill limits federal liability protection that applies to a user or provider of an interactive computer service (e.g., a social media company) for claims related to content provided by third parties. Specifically, the bill applies the liability protection to claims arising from third-party speech rather than third-party information. Additionally, the liability protection shall not apply if a user or provider (1) accepts payment to make the speech available, or (2) creates or funds (in whole or in part) the speech. The bill changes legal procedures concerning the liability protection by (1) requiring a defendant in a lawsuit to raise the liability protection as an affirmative defense, and (2) placing the burden of proving that the defense applies on the defendant. Some courts have held that the current liability protection bars claims for civil penalties and injunctive relief. The bill expressly excludes from the liability protection requests for injunctive relief arising from a provider's failure to remove, restrict access to, or prevent dissemination of material likely to cause irreparable harm. However, the bill protects a provider from liability for actions taken to comply with such injunctions. Under current law, the liability protection does not apply to federal criminal law, intellectual property law, and other designated areas of law. The bill further specifies that the liability protection shall not apply to civil rights law; antitrust law; stalking, harassment, or intimidation laws; international human rights law; and civil actions for wrongful death.