Online Freedom and Viewpoint Diversity Act

Bill: 116-s-4534
Sponsor: full_name: Sen. Wicker, Roger F. [R-MS]
Introduced: 2020-09-08
Policy area: Science, Technology, Communications
Latest action: action_date: 2020-09-08
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2020-09-08
action_desc: Introduced in Senate
text: <p><b>Online Freedom and Viewpoint Diversity Act</b></p> <p>This bill limits the immunity of a provider or user of an interactive computer service (i.e., social media platform) for screening and blocking offensive material on the service's platform, revises the applicability of civil liability for this moderation of offensive material, and changes a definition that governs applicability of the immunity.</p> <p>Under current law, this immunity protects a provider or user of a social media platform from being treated as the publisher or speaker of information provided by another information content provider.</p> <p>The bill removes this immunity from a decision, agreement, or action by a provider or user of a social media platform to restrict access to or availability of material provided by another information content provider. To avoid liability for this conduct, in addition to acting in good faith, the bill requires that the actor must have an <i>objectively reasonable belief</i> that the material is obscene, lewd, lascivious, filthy, excessively violent, harassing, promoting self-harm, promoting terrorism, or unlawful. Currently, a good faith actor must only <i>consider</i> such material to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.</p> <p>Further, the bill redefines <i>information content provider</i> to encompass any person who editorializes or affirmatively and substantively modifies the content of another person or entity.</p>

tv_txt: II 116th CONGRESS 2d Session S. 4534 IN THE SENATE OF THE UNITED STATES September 8, 2020 Mr. Wicker (for himself, Mr. Graham , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend section 230 of the Communications Act of 1934 to modify the scope of protection from civil liability for good Samaritan blocking and screening of offensive material.

1. Short title This Act may be cited as the Online Freedom and Viewpoint Diversity Act . 2. Protection from civil liability for good Samaritan blocking and screening of offensive material Section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) is amended— (1) in subsection (c)— (A) in paragraph (1)— (i) by striking No provider and inserting the following: (A) In general No provider ; and (ii) by adding at the end the following: (B) Applicability (i) In general Subparagraph (A) shall not apply to any decision or agreement made or action taken by a provider or user of an interactive computer service to restrict access to or availability of material provided by another information content provider. (ii) Civil liability Any applicable immunity for a decision or agreement made or action taken by a provider or user of an interactive computer service described in clause (i) shall be provided solely by paragraph (2). ; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking considers to be and inserting has an objectively reasonable belief is ; and (II) by striking or otherwise objectionable and inserting promoting self-harm, promoting terrorism, or unlawful ; and (ii) in subparagraph (B), by striking paragraph (1) and inserting subparagraph (A) ; and (2) in subsection (f)(3)— (A) by striking The term and inserting the following: (A) In general The term ; and (B) by adding at the end the following: (B) Responsibility For purposes of subparagraph (A), being responsible in whole or in part for the creation or development of information— (i) includes any instance in which a person or entity editorializes or affirmatively and substantively modifies the content of another person or entity; and (ii) does not include a change to the format, layout, or basic appearance of the content of another person or entity. .