[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 921 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 921
To amend section 230 of the Communications Act of 1934 to correct
shortcomings in how that section addresses content moderation, content
creation and development, and content distribution.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Rubio (for himself and Mr. Braun) 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 correct
shortcomings in how that section addresses content moderation, content
creation and development, and content distribution.
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 ``Disincentivizing Internet Service
Censorship of Online Users and Restrictions on Speech and Expression
Act'' or the ``DISCOURSE Act''.
SEC. 2. CONTENT MODERATION, CREATION AND DEVELOPMENT, AND DISTRIBUTION.
(a) Treatment as Publisher or Speaker Contingent on Content
Management Practices.--Section 230 of the Communications Act of 1934
(47 U.S.C. 230) is amended--
(1) in subsection (c)(1)--
(A) by striking ``No provider'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B), no
provider''; and
(B) by adding at the end the following:
``(B) Notification of parental control
protections.--Subparagraph (A) shall not apply to a
provider of an interactive computer service with a
dominant market share that violates subsection (d).'';
and
(2) in subsection (f)--
(A) in paragraph (3)--
(i) by striking ``The term'' and inserting
the following:
``(A) In general.--The term''; and
(ii) by adding at the end the following:
``(B) Content moderation.--If an interactive
computer service provider with a dominant market
share--
``(i) engages in a content moderation
activity that reasonably appears to express,
promote, or suppress a discernible viewpoint
for a reason that is not protected from
liability under subsection (c)(2), including
reducing or eliminating the ability of an
information content provider to earn revenue,
with respect to any information, the
interactive computer service provider shall be
deemed to be an information content provider
with respect to that information; or
``(ii) engages in a pattern or practice of
content moderation activity that reasonably
appears to express, promote, or suppress a
discernible viewpoint for a reason that is not
protected from liability under subsection
(c)(2), including reducing or eliminating the
ability of an information content provider to
earn revenue, the interactive computer service
provider shall be deemed to be an information
content provider with respect to all
information that is provided through the
interactive computer service.
``(C) Use of targeted algorithmic amplification.--
``(i) In general.--If an interactive
computer service provider with a dominant
market share--
``(I) amplifies information
provided by an information content
provider by using an algorithm or other
automated computer process to target
the information directly to users
without the request of the sending or
receiving user, the interactive
computer service provider shall be
deemed to be an information content
provider with respect to that
information; or
``(II) engages in a pattern or
practice of amplifying information
provided by an information content
provider by using an algorithm or other
automated computer process to target
the information directly to users
without the request of the sending or
receiving user, the interactive
computer service provider shall be
deemed to be an information content
provider with respect to all
information that is provided through
the interactive computer service.
``(ii) Exceptions.--Clause (i) shall not
apply to the use of an algorithm or other
computer process to--
``(I) amplify or target directly to
a user any information that is the
result of a search function performed
by the user; or
``(II) sort data chronologically or
alphabetically.
``(D) Information creation or development.--If an
interactive computer service provider with a dominant
market share--
``(i) solicits, comments upon, funds, or
affirmatively and substantively contributes to,
modifies, or alters information provided by an
information content provider, the interactive
computer service provider shall be deemed to be
an information content provider with respect to
that information; or
``(ii) engages in a pattern or practice of
soliciting, commenting upon, funding, or
affirmatively and substantively contributing
to, modifying, or altering information provided
by an information content provider, the
interactive computer service provider shall be
deemed to be an information content provider
with respect to all information that is
provided through the interactive computer
service.''; and
(B) by adding at the end the following:
``(5) Content moderation activity.--The term `content
moderation activity' means editing, deleting, throttling,
limiting the reach of, reducing or eliminating the ability of
an information content provider to earn revenue from, or
commenting upon, information provided by an information content
provider, or terminating or limiting an account or usership, if
the activity is based on content-based criteria.
``(6) Pattern or practice.--The term `pattern or practice'
means any formal or informal policy or rule, whether created by
a human or generated by a computer, as applied or used by an
interactive computer service provider.''.
(b) Clarifying Categories of Objectionable Material.--Section
230(c)(2) of the Communications Act of 1934 (47 U.S.C. 230(c)(2)) is
amended--
(1) in subparagraph (A)--
(A) by striking ``considers to be'' and inserting
``has an objectively reasonable belief is'';
(B) by inserting ``promoting terrorism or violent
extremism,'' after ``violent,''; and
(C) by striking ``or otherwise objectionable'' and
inserting ``promoting self-harm, or unlawful''; and
(2) in subparagraph (B), by striking ``paragraph (1)'' and
inserting ``subparagraph (A)''.
(c) Religious Liberty Exception to Civil Liability Protections.--
Section 230(c)(2) of the Communications Act of 1934 (47 U.S.C.
230(c)(2)), as amended by subsection (b), is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
accordingly;
(2) by striking ``No provider'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), no provider'';
(3) in subparagraph (A)(ii), as so designated, by striking
``subparagraph (A)'' and inserting ``clause (i)''; and
(4) by adding at the end the following:
``(B) Religious liberty exception.--Subparagraph
(A) shall not apply to any action taken with respect to
religious material in a manner that burdens the
exercise of religion, as defined in section 5 of the
Religious Freedom Restoration Act of 1993 (42 U.S.C.
2000bb -2).''.
(d) Disclosure of Content Management Mechanisms and Practices.--
Section 230(d) of the Communications Act of 1934 (47 U.S.C. 230(d)) is
amended--
(1) by striking ``A provider'' and inserting the following:
``(1) Parental control protections.--A provider''; and
(2) by adding at the end the following:
``(2) Disclosure of content management mechanisms and
practices.--
``(A) In general.--A provider of an interactive
computer service that provides the service through a
mass-market offering to the public shall publicly
disclose accurate information regarding the content
moderation activity of the service, including editing,
deleting, throttling, limiting the reach of, reducing
or eliminating the ability of an information content
provider to earn revenue from, or commenting upon,
information provided by an information content
provider, terminating or limiting an account or
usership, and any other content moderation, promotion,
and other curation practices, sufficient to enable--
``(i) consumers to make informed choices
regarding the purchase and use of the service;
and
``(ii) entrepreneurs and other small
businesses to develop, market, and maintain
offerings by means of the service.
``(B) Manner of disclosure.--A provider of an
interactive computer service shall make the disclosure
under subparagraph (A)--
``(i) through a publicly available, easily
accessible website; or
``(ii) by submitting the information
described in that subparagraph to the
Commission, which shall make the information
available to the public through the website of
the Commission.''.
(e) Clarifying That Immunity Is an Affirmative Defense.--Section
230(c)(1) of the Communications Act of 1934 (47 U.S.C. 230(c)(1)), as
amended by subsection (a)(1), is amended--
(1) in subparagraph (A), as so designated, by striking
``subparagraph (B)'' and inserting ``subparagraphs (B) and
(C)''; and
(2) by adding at the end the following:
``(C) Affirmative defense.--In a criminal or civil
action against a provider or user of an interactive
computer service that treats the provider or user as
the publisher or speaker of any information, the
provider or user shall bear the burden of proving that
the provider or user is not an information content
provider with respect to that information for purposes
of subparagraph (A).''.
<all>