What This Bill Does
This bill changes section 230 of the Communications Act of 1934, which is a law that protects websites and online services from being held responsible for content posted by their users. The bill adds new limits to this protection and protects certain types of legal cases from losing immunity.
Who It Affects
Interactive computer service providers (websites, social media platforms, and similar online services), users who post content online, people who experience discrimination or harassment online, and people filing civil lawsuits related to stalking, harassment, wrongful death or human rights violations.
Key Provisions
• Websites and online services lose legal protection if they accepted payment to make speech available or created or funded the creation of that speech (Sec. 2(1)(A)(iii))
• When a website claims it should not be responsible for user content, the website must prove by a preponderance of the evidence (meaning more likely than not) that it is a provider or user of an interactive computer service being treated as a publisher (Sec. 2(1)(B))
• Websites and online services can be sued and do not receive legal immunity when someone asks a court to order them to remove, restrict or prevent the spread of material likely to cause irreparable harm (Sec. 2(3)(A))
• Websites and online services are protected from liability when they follow a court order to remove or restrict material (Sec. 2(3)(B))
• This bill does not affect discrimination cases, antitrust cases, stalking or harassment cases, human rights cases, or wrongful death cases (Sec. 2(6)(8)(9)(10))
What Changes
If this becomes law, websites and online services lose legal protection in certain situations. They would lose protection if they paid someone to post content or created the content themselves. Websites would have to prove in court that they should not be treated as publishers of user content. Courts can order websites to remove harmful material, and websites can follow those orders without facing lawsuits. Civil rights cases, antitrust cases, harassment cases, and wrongful death cases would not be affected by section 230 protections.
Important Definitions
Interactive computer service provider: A website, platform, or online service that allows users to access, use or distribute information created by other people. Speech: Replaces the word "information" in the original law.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1231
To amend section 230 of the Communications Act of 1934 to reaffirm
civil rights, victims’ rights, and consumer protections.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 28, 2023
Ms. CASTOR of Florida (for herself and Mr. LEVIN) introduced the following
bill; which was referred to the Committee on Energy and Commerce
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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(1) in subsection (c)—
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•HR 1231 IH
(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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(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 an interactive
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computer service provider to remove, restrict
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access to or availability of, or prevent dissemi-
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nation of material that is likely to cause irrep-
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arable harm.
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‘‘(B) LIMITATION OF LIABILITY.—In the
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case of an interactive computer service provider
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that complies with an order granting injunctive
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relief described in subparagraph (A), such com-
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pliance shall not subject the interactive com-
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puter service provider to liability for removing,
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restricting access to or availability of, or pre-
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venting dissemination of material subject to the
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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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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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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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