What This Bill Does
This bill changes section 230 of the Communications Act of 1934, which is a law that protects online platforms from being sued for content users post. The bill adds limits to this protection when platforms accept payment for content or help create it. The bill also makes sure that existing laws protecting civil rights, victims, and consumers still apply to online platforms.
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Who It Affects
Providers of interactive computer services (like social media platforms and websites that host user content), users who post content online, people who experience discrimination or harassment online, companies that could face antitrust lawsuits, and victims of stalking, harassment, or wrongful death.
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Key Provisions
• Platforms no longer receive protection from lawsuits if they accepted payment to make speech available or created or funded the creation of the speech. (Sec. 2(1)(A)(iii))
• When a platform claims it should not be treated as the publisher of user-posted content, the platform must prove this in court using "clear and convincing evidence" (meaning very strong proof). (Sec. 2(1)(A)(iv))
• Courts can order platforms to remove, block access to or prevent sharing of material likely to cause permanent, irreparable harm, and platforms cannot be sued for following such court orders. (Sec. 2(3)(A) and (B))
• Laws protecting people from discrimination cannot be limited by this section's protections for platforms. (Sec. 2(e)(6))
• Laws against stalking, cyberstalking, harassment, cyberharassment or intimidation remain in effect regardless of this section. (Sec. 2(e)(8))
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What Changes
Platforms will lose legal protection in specific situations: when they pay for content or help create it. Courts will have the power to order removal of harmful material. Discrimination lawsuits, harassment lawsuits, antitrust cases, and wrongful death cases will not be blocked by section 230's protections anymore.
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Important Definitions
• Interactive computer service: Not explicitly defined in this bill text
• Provider: Not explicitly defined in this bill text
• Irreperable harm: Material damage that cannot be fixed by money alone (stated in the text as "likely to cause irreparable harm")
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 560
To amend section 230 of the Communications Act of 1934 to reaffirm
civil rights, victims’ rights, and consumer protections.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 28, 2023
Mr. WARNER (for himself, Ms. HIRONO, Ms. KLOBUCHAR, Mr. KAINE, and
Mr. BLUMENTHAL) introduced the following bill; which was read twice
and referred to the Committee on Commerce, Science, and Transpor-
tation
A BILL
To amend section 230 of the Communications Act of 1934
to reaffirm civil rights, victims’ rights, and consumer
protections.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Safeguarding Against
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Fraud, Exploitation, Threats, Extremism, and Consumer
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Harms Act’’ or the ‘‘SAFE TECH Act’’.
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SEC. 2. COMMUNICATIONS DECENCY ACT IMPROVEMENTS.
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Section 230 of the Communications Act of 1934 (47
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U.S.C. 230) is amended—
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•S 560 IS
(1) in subsection (c)—
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(A) in paragraph (1)—
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(i) by striking ‘‘No provider’’ and in-
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serting the following:
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‘‘(A) IN GENERAL.—Except as provided in
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paragraph (3), no provider’’;
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(ii) by striking ‘‘any information’’ and
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inserting ‘‘any speech’’;
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(iii) by inserting before the period at
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the end the following: ‘‘, unless the pro-
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vider or user has accepted payment to
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make the speech available or, in whole or
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in part, created or funded the creation of
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the speech’’; and
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(iv) by adding at the end the fol-
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lowing:
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‘‘(B) AFFIRMATIVE DEFENSE.—In any ac-
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tion in which the defendant raises subpara-
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graph (A) as a defense, the defendant shall
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have the burden of persuasion, by a preponder-
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ance of the evidence, that the defendant is a
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provider or user of an interactive computer
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service and is being treated as the publisher or
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speaker of speech provided by another informa-
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tion content provider.’’;
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•S 560 IS
(B) in paragraph (2)(B), by striking
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‘‘paragraph (1)’’ and inserting ‘‘subparagraph
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(A)’’; and
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(C) by adding at the end the following:
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‘‘(3) EXCLUSION FROM ‘GOOD SAMARITAN’ IM-
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MUNITY.—
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‘‘(A) INJUNCTIVE RELIEF.—Paragraph (1)
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shall not apply to any request for injunctive re-
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lief arising from the failure of a provider of an
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interactive computer service to remove, restrict
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access to or availability of, or prevent the dis-
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semination of material that is likely to cause ir-
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reparable harm.
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‘‘(B) LIMITATION OF LIABILITY.—In the
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case of a provider of an interactive computer
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service that complies with an order granting in-
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junctive relief described in subparagraph (A),
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that compliance shall not subject the provider
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to liability for removing, restricting access to or
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availability of, or preventing the dissemination
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of material that is subject to the order.’’; and
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(2) in subsection (e), by adding at the end the
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following:
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‘‘(6) NO
EFFECT
ON
CIVIL
RIGHTS
LAWS.—
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Nothing in this section shall be construed to limit,
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•S 560 IS
impair, or prevent any action alleging discrimination
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on the basis of any protected class, or conduct that
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has the effect or consequence of discriminating on
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the basis of any protected class, under any Federal
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or State law.
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‘‘(7) NO EFFECT ON ANTITRUST LAWS.—Noth-
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ing in this section shall be construed to prevent, im-
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pair, or limit any action brought under Federal or
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State antitrust law.
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‘‘(8) NO EFFECT ON STALKING, HARASSMENT,
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OR
INTIMIDATION
LAWS.—Nothing in this section
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shall be construed to prevent, impair, or limit any
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action alleging stalking, cyberstalking, harassment,
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cyberharassment, or intimidation based, in whole or
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in part, on sex (including sexual orientation and
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gender identity), race, color, religion, ancestry, na-
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tional origin, or physical or mental disability brought
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under Federal or State law.
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‘‘(9) NO EFFECT ON INTERNATIONAL HUMAN
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RIGHTS LAW.—Nothing in this section shall be con-
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strued to prevent, impair, or limit any action
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brought under section 1350 of title 28, United
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States Code.
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‘‘(10) NO EFFECT ON WRONGFUL DEATH AC-
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TIONS.—Nothing in this section shall be construed
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•S 560 IS
to prevent, impair, or limit any civil action for a
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wrongful death.’’.
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Æ
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