Preserving Political Speech Online Act
Bill: S.2338 | Sponsor: Sen. Daines, Steve (R-MT)
Policy area: Government Operations and Politics

Summary:
Preserving Political Speech Online Act
This bill addresses issues related to online political advertising.
First, the bill directs the Federal Trade Commission (FTC) to initiate a rulemaking proceeding to require any online platform (e.g., a social network or search engine) or third-party advertiser that displays, hosts, or allows the advertisement of a legally qualified candidate for federal office to follow specific rules in advertising. These rules include affording equal advertisement opportunities to candidates and charging comparable rates to each candidate. An online platform or third-party advertiser may not censor these advertisements.
In addition, the bill requires online platforms to maintain and make publicly available a complete record of any purchase of political advertising within 24 hours of the purchase.
The FTC must enforce these requirements related to advertising and treat any violation as an unfair or deceptive act or practice.
Next, the bill requires the Federal Communications Commission to initiate a rulemaking to apply certain existing laws related to political advertising to all licensees that engage in political advertising.
The bill also establishes an exception to the immunity of a provider of an interactive computer service from liability for screening and blocking offensive content on its platform. The bill removes this immunity from a provider that blocks, censors, or screens material on the grounds of race, color, religion, sex, national origin, or political affiliation or speech. The bill includes an exception for services that are dedicated to a specific set of issues, policies, beliefs, or viewpoints.

To improve fairness in political speech, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Political Speech Online 
Act''.

SEC. 2. FAIRNESS IN POLITICAL ADVERTISING.

    (a) In General.--Not later than 120 days after the date of 
enactment of this section, the Commission shall initiate a rulemaking 
proceeding in accordance with section 553 of title 5, United States 
Code, to require any online platform or third party advertiser that 
displays, hosts, or otherwise allows the advertisement of a legally 
qualified candidate in an election for Federal office to abide by the 
following rules of fair access and equal opportunity:
            (1) Any online platform or third party advertiser who 
        permits a legally qualified candidate in an election for 
        Federal office to display or otherwise post an advertisement on 
        such online platform or through such third party advertiser 
        shall afford equal advertisement opportunities to any other 
        legally qualified candidate for such office in such election.
            (2) Any online platform or third party advertiser shall 
        charge comparable rates to each legally qualified candidate for 
        any advertising service described in paragraph (1).
            (3) Any online platform or third party advertiser shall 
        have no power of censorship over the content of any 
        advertisement described in this subsection.
    (b) Transparency Requirement.--An online platform shall maintain, 
and make available online for public inspection in a machine readable 
format, a complete record of any purchase of an advertising service by 
a legally qualified candidate on such online platform within 24 hours 
of such purchase.
    (c) Enforcement by the Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        subsection (a) or (b) or a rule promulgated thereunder shall be 
        treated as a violation of a rule defining an unfair or a 
        deceptive act or practice under section 18(a)(1)(B) of the 
        Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of the commission.--
                    (A) In general.--The Commission shall enforce this 
                section 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.) were incorporated 
                into and made a part of this section.
                    (B) Privileges and immunities.--Any person who 
                violates subsection (a) or (b) or a rule promulgated 
                thereunder shall be subject to the penalties and 
                entitled to the privileges and immunities provided in 
                the Federal Trade Commission Act (15 U.S.C. 41 et 
                seq.).
                    (C) Authority preserved.--Nothing in this section 
                shall be construed to limit the authority of the 
                Federal Trade Commission under any other provision of 
                law.
    (d) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Election.--The term ``election'' has the meaning given 
        that term in section 301 of the Federal Election Campaign Act 
        of 1971 (52 U.S.C. 30101).
            (3) Federal office.--The term ``Federal office'' has the 
        meaning given that term in section 301 of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30101).
            (4) Legally qualified candidate.--The term ``legally 
        qualified candidate'' has the meaning given that term for 
        purposes of section 315 of the Communications Act of 1934 (47 
        U.S.C. 315).
            (5) Online platform.--The term ``online platform'' means 
        any public-facing website, web application, or digital 
        application, including a social network, video streaming 
        service, advertisement network, or search engine.
            (6) Third party advertiser.--The term ``third party 
        advertiser'' means any advertisement agency, company, or 
        website developer that distributes or serves advertisements on 
        an affiliated or unaffiliated online platform.

SEC. 3. APPLICATION OF FEDERAL COMMUNICATIONS COMMISSION EQUAL 
              OPPORTUNITY REQUIREMENTS TO ADDITIONAL LICENSEES.

    Part I of title III of the Communications Act of 1934 (47 U.S.C. 
301 et seq.) is amended by adding at the end the following:

``SEC. 344. APPLICATION OF EQUAL OPPORTUNITY PRINCIPLES TO LICENSEES 
              THAT SERVE POLITICAL ADVERTISING THROUGH OTHER MEANS.

    ``Not later than 180 days after the date of enactment of this 
section, the Commission shall initiate a rulemaking to apply the 
principles of equal opportunity under sections 312(a)(7) and 315 to any 
licensee that--
            ``(1) displays, hosts, or otherwise allows the 
        advertisement of a legally qualified candidate for any public 
        office; and
            ``(2) is not already subject to those principles under this 
        Act or under a regulation promulgated by the Commission.''.

SEC. 4. PROTECTION FOR ``GOOD SAMARITAN'' BLOCKING AND SCREENING OF 
              OFFENSIVE MATERIAL.

    Section 230(c)(2) of the Communications Act of 1934 (47 U.S.C. 
230(c)(2)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and adjusting the margins 
        accordingly;
            (2) in clause (i), as so redesignated--
                    (A) by striking ``filthy,''; and
                    (B) by striking ``harassing, or otherwise 
                objectionable, whether or not such material is 
                constitutionally protected'' and inserting ``harassing 
                or threatening, or promoting illegal activity'';
            (3) in clause (ii), as so redesignated, by striking 
        ``paragraph (1)'' and inserting ``clause (i)'';
            (4) in the matter preceding clause (i), as so redesignated, 
        by striking ``No provider or user'' and inserting the 
        following:
                    ``(A) In general.--No provider or user''; and
            (5) by adding at the end the following:
                    ``(B) Prohibition of bad faith blocking and 
                screening.--
                            ``(i) In general.--For purposes of 
                        subparagraph (A)(i), it shall not be considered 
                        good faith for a provider of an interactive 
                        computer service to block, censor, or screen 
                        material on the grounds of race, color, 
                        religion, sex, national origin, or political 
                        affiliation or speech.
                            ``(ii) Exception.--Clause (i) shall not 
                        apply to a provider of an interactive computer 
                        service that operates services dedicated to a 
                        specific set of issues, policies, beliefs, or 
                        viewpoints.''.
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